Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Notes shall prevent, 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 Company or any Guarantor referred to in Section 16.02 or under the conditions described in Section 16.03, (a) the Company from making Principal Payments, Interest Payments or payments of Default Interest at any time on the Notes, or on account of the purchase or other acquisition of Notes, including pursuant to any Optional Redemption in accordance with Article 14, or (b) the application by the Trustee of any money deposited with it hereunder to any Principal Payment, Interest Payment or payment of Default Interest on the Notes 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 3 contracts
Samples: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC), d1io3yog0oux5.cloudfront.net
Payment Permitted in Certain Situations. Nothing contained in this Article 18 or elsewhere in this Indenture or in any of the Notes shall prevent, 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 Company or any Guarantor referred to in Section 16.02 18.02 or under the conditions described in Section 16.0318.03 or Section 18.04, (a) the Company from making Principal Paymentspayments on account of the principal of (or premium, Interest Payments if any) or payments of Default Interest at any time interest or other amounts due on the Notes, or on account of the purchase or other acquisition of Notes, including pursuant to any Optional Redemption in accordance with Article 1416, or (b) the application by the Trustee of any money deposited with it hereunder to any Principal Payment, Interest Payment or the payment of Default Interest or on account of the principal of (and premium, if any) or interest or other amounts due on the Notes or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did has not have knowledge that such payment would have been prohibited by received the provisions of this Articlenotice and Company Order required under Section 18.10 hereof.
Appears in 2 contracts
Samples: Indenture (Iterum Therapeutics PLC), Iterum Therapeutics PLC
Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Notes Securities shall preventprevent (a) the Company, 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 Company or any Guarantor referred to in Section 16.02 1702 or under the conditions described in Section 16.031703 or 1704, (a) the Company from making Principal Payments, Interest Payments or payments of Default Interest at any time of or on account of the principal of, premium, if any, Additional Amounts, if any or interest on the Notes, Securities or on account of the purchase or other acquisition of Notes, including pursuant to any Optional Redemption in accordance with Article 14the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to any Principal Payment, Interest Payment or the payment of Default Interest or on account of the principal of, premium, if any, Additional Amounts, if any, or interest on the Notes 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 (in accordance with Section 1706) that such payment would have been prohibited by the provisions of this Article.
Appears in 2 contracts
Samples: Union Planters Corp, Unumprovident Financing Trust Iii
Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Notes Securities shall preventprevent (a) the Issuer, 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 Company or any Guarantor Issuer referred to in Section 16.02 14.02 or under the conditions described in Section 16.0314.03, (a) the Company from making Principal Payments, Interest Payments or payments of Default Interest at any time of or on account of the principal of (and premium, if any) or interest on the Notes, Securities or on account of the purchase or other acquisition of Notes, including pursuant to any Optional Redemption in accordance with Article 14the Securities, or (b) the application by the Trustee or the Securities Administrator of any money deposited with it hereunder to any Principal Payment, Interest Payment or the payment of Default Interest or on account of the principal of (and premium, if any) or interest on the Notes Securities or the retention of such payment by the Holders, if, at the time of such application by the TrusteeTrustee or the Securities Administrator, it as applicable, if a 75 Responsible Officer of the Trustee or the Securities Administrator, as applicable, did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.
Appears in 1 contract
Samples: Indenture (Abn Amro Bank Nv)