Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Corporation, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Corporation referred to in Section 1402 or under the conditions described in Section 1403 or 1404, from making payments at any time of principal of (and premium, if any) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.
Appears in 2 contracts
Samples: Wellcare Health Plans, Inc., Wellcare Health Plans, Inc.
Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Notes shall prevent (a) the Corporation, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Corporation referred to in Section 1402 or under the conditions described in Section 1403 or 1404, Issuer from making payments at any time of principal of (and premium, if any) or interest on the SecuritiesNotes (and any other amounts payable in respect thereof) when such payments become due except during (i) the deferral of payment referred to in Section 2.8(a), or (ii) the pendency of any liquidation, dissolution or other winding up referred to in Section 12.2 or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities Notes (and any other amounts payable in respect thereof) of any series or the retention of such payment by the holdersNoteholder, if, at the time of such application by the Trustee, it a Responsible Officer did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.
Appears in 2 contracts
Samples: sec.report, Indenture
Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CorporationCompany, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Corporation Company referred to in Section 1402 or under the conditions described in Section 1403 or 1404, from making payments at any time of principal of (and premium, if any) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.
Appears in 2 contracts
Samples: Alexanders Inc, Alexanders Inc
Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CorporationCompany, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Corporation Company referred to in Section 1402 15.2 or under the conditions described in Section 1403 15.3 or 140415.4, from making payments at any time of principal of (and premium, if any) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.
Appears in 2 contracts
Samples: United States Surgical Corp, United States Surgical Corp
Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Notes shall prevent (a) the CorporationIssuer, at any time except during (i) the deferral of payment referred to in Section 2.8(a), or (ii) the pendency of any caseliquidation, proceeding, dissolution, liquidation dissolution or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Corporation up referred to in Section 1402 or under the conditions described in Section 1403 or 140414.2, from making payments at any time of principal of (and premium, if any) or interest on the Securities, Notes (and any other amounts payable in respect thereof) or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities Notes (and any other amounts payable in respect thereof) of any series or the retention of such payment by the holdersNoteholder, if, at the time of such application by the Trustee, it did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.
Appears in 1 contract
Samples: Indenture (Bank Bradesco)
Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Notes shall prevent (a) the Corporation, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Corporation referred to in Section 1402 or under the conditions described in Section 1403 or 1404, Issuer from making payments at any time of principal of (and premium, if any) or interest on the SecuritiesNotes (and any other amounts payable in respect thereof) when such payments become due except during (i) the deferral of payment referred to in Section 2.08, or (ii) the pendency of any liquidation, dissolution or other winding up referred to in Section 12.02 or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities Notes (and any other amounts payable in respect thereof) of any series or the retention of such payment by the holdersNoteholder, if, at the time of such application by the Trustee, it a Responsible Officer did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.
Appears in 1 contract
Samples: sec.report