Common use of Payments; Interest Rights Preserved Clause in Contracts

Payments; Interest Rights Preserved. Interest on any Senior Secured Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person in whose name that Senior Secured Note (or one or more Predecessor Senior Secured Notes) is registered at the close of business on the Regular Record Date for such interest. Any interest or Liquidated Damages on any Senior Secured Note which is payable; but is not punctually paid or duly provided for, on any Interest Payment Date (herein called "Overdue Interest") shall forthwith cease to be payable to the Holder on the relevant Regular Record Date by virtue of having been such Holder, and such Overdue Interest may be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Overdue Interest to the Persons in whose names the Senior Secured Notes (or their respective Predecessor Notes) are registered at the close of business on a Special Record Date for the payment of such Overdue Interest, which shall be set in the following manner. The Issuer shall notify the Trustee in writing of the amount of Overdue Interest proposed to be paid on each Senior Secured Note and the date of the proposed payment, and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Overdue Interest or shall make arrangements satisfactory to the Trustee for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Overdue Interest as in this clause (a) provided. Thereupon, the Issuer shall fix a Special Record Date for the payment of such Overdue Interest which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly, in the name and at the expense of the Issuer, mail a written notice of the proposed payment of such Overdue Interest and the Special Record Date therefor to be given to each Holder of Senior Secured Notes, not less than 10 days prior to such Special Record Date. Notice of the proposed payment of such Overdue Interest and the Special Record Date therefor having been so mailed, such Overdue Interest shall be paid to the Persons in whose names the Senior Secured Notes (or their respective Predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the following clause (b). (b) The Issuer may make payment of any Overdue Interest on the Senior Secured Notes in any other lawful manner not inconsistent with the requirements of any securities exchange on which such Senior Secured Notes may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Issuer to the Trustee of the proposed payment pursuant to this clause (b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.09, each Senior Secured Note delivered under this Indenture upon registration of transfer of, or in exchange for, or in lieu of, any other Senior Secured Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Senior Secured Note. All payments of principal, premium, or Liquidated Damages, if any, and interest on Senior Secured Notes will be made by check or, with respect to Senior Secured Notes the Holders of which have provided the Issuer with wire transfer instructions, will be made by wire transfer of immediately available funds to the accounts specified by the Holders thereof. Unless such designation is revoked in writing, any designation made by such Holder with respect to such Senior Secured Notes will remain in effect with respect to any future payments with respect to such Senior Secured Notes payable to such Holder. The Issuer will indemnify and hold the Trustee and the Paying Agent harmless against any loss, liability or expense (including attorneys' fees) resulting from any act or omission to act on the part of the Trustee, the Paying Agent or any such Holder in connection with any such designation or which the Paying Agent or Trustee may incur as a result of making any payment in accordance with any such designation. All payments of principal, premium or Liquidated Damages, if any, on the Senior Secured Notes shall be made upon presentation and surrender thereof at the office or agency of the Issuer maintained for such purpose in the Borough of Manhattan, The City of New York.

Payments; Interest Rights Preserved. Interest Except as otherwise provided as contemplated by Section 2.3 with respect to any series of Securities, interest on any Senior Secured Note Security which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person in whose name that Senior Secured Note Security (or one or more Predecessor Senior Secured NotesSecurities) is registered at the close of business on the Regular Record Date for such interest. Any interest or Liquidated Damages on any Senior Secured Note Security of any series which is payable; but is not punctually paid or duly provided for, on any Interest Payment Date (herein called "Overdue Defaulted Interest") shall forthwith cease to be payable to the Holder on the relevant Regular Record Date by virtue of having been such Holder, and such Overdue Defaulted Interest may be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Overdue Defaulted Interest to the Persons in whose names the Senior Secured Notes Securities of such series (or their respective Predecessor NotesSecurities) are registered at the close of business on a Special Record Date for the payment of such Overdue Defaulted Interest, which shall be set in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Overdue Defaulted Interest proposed to be paid on each Senior Secured Note Security of such series and the date of the proposed payment, and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Overdue Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Overdue Defaulted Interest as in this clause (a) provided. Thereupon, the Issuer Company shall fix a Special Record Date for the payment of such Overdue Defaulted Interest which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly, in the name and at the expense of the IssuerCompany, mail a written cause notice of the proposed payment of such Overdue Defaulted Interest and the Special Record Date therefor to be given to each Holder of Senior Secured NotesSecurities of such series in the manner set forth in Section 1.6, not less than 10 days prior to such Special Record Date. Notice of the proposed payment of such Overdue Defaulted Interest and the Special Record Date therefor having been so mailed, such Overdue Defaulted Interest shall be paid to the Persons in whose names the Senior Secured Notes Securities of such series (or their respective Predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the following clause (b). (b) The Issuer Company may make payment of any Overdue Defaulted Interest on the Senior Secured Notes Securities of any series in any other lawful manner not inconsistent with the requirements of any securities exchange on which such Senior Secured Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this clause (b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.092.9, each Senior Secured Note Security delivered under this Indenture upon registration of transfer of, or in exchange for, or in lieu of, any other Senior Secured Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Senior Secured NoteSecurity. All Except as otherwise specified as contemplated by Section 2.3 for the Securities of any series, all payments of principal, premium, or Liquidated Damages, if any, and interest on Senior Secured Notes Securities of such series will be made by check drawn on a bank in The City of New York or, with respect to Senior Secured Notes the Holders for a Holder of which have provided the Issuer with wire transfer instructionsat least $1,000,000 in initial aggregate principal amount of Securities of such series, will be made by wire transfer of immediately available funds to the accounts specified an account maintained by the Holders thereofpayee with a bank in The City of New York, provided that a written request from such Holder to such effect designating such account is received by the Trustee no later than the thirtieth day immediately preceding the date of payment. Unless such designation is revoked in writing, any designation made by such Holder with respect to such Senior Secured Notes Securities will remain in effect with respect to any future payments with respect to such Senior Secured Notes Securities payable to such Holder. The Issuer Company will indemnify and hold the Trustee and the Paying Agent harmless against any loss, liability or expense (including attorneys' fees) resulting from any act or omission to act on the part of the Trustee, the Paying Agent Trustee or any such Holder in connection with any such designation or which the Paying Agent or Trustee may incur as a result of making any payment in accordance with any such designation. All Except as otherwise specified as contemplated by Section 2.3, all payments of principal, premium or Liquidated Damagesprincipal and premium, if any, on the Senior Secured Notes Securities of any series (other than installments of principal due with respect to Installment Securities prior to the Maturity thereof) shall be made upon presentation and surrender thereof at the office or agency of the Issuer Company maintained for such purpose in the Borough of Manhattan, The City of New York.

Payments; Interest Rights Preserved. Interest on any Senior Secured Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person in whose name that Senior Secured Note (or one or more Predecessor Senior Secured Notes) is registered at the close of business on the Regular Record Date for such interest. Any interest or Liquidated Damages on any Senior Secured Note which is payable; , but is not punctually paid or duly provided for, on any Interest Payment Date (herein called "Overdue Interest") shall forthwith cease to be payable to the Holder on the relevant Regular Record Date by virtue of having been such Holder, and such Overdue Interest may be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Overdue Interest to the Persons in whose names the Senior Secured Notes (or their respective Predecessor Notes) are registered at the close of business on a Special Record Date for the payment of such Overdue Interest, which shall be set in the following manner. The Issuer shall notify the Trustee in writing of the amount of Overdue Interest proposed to be paid on each Senior Secured Note and the date of the proposed payment, and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Overdue Interest or shall make arrangements satisfactory to the Trustee for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Overdue Interest as in this clause (a) provided. Thereupon, the Issuer shall fix a Special Record Date for the payment of such Overdue Interest which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly, in the name and at the expense of the Issuer, mail a written notice of the proposed payment of such Overdue Interest and the Special Record Date therefor to be given to each Holder of Senior Secured Notes, not less than 10 days prior to such Special Record Date. Notice of the proposed payment of such Overdue Interest and the Special Record Date therefor having been so mailed, such Overdue Interest shall be paid to the Persons in whose names the Senior Secured Notes (or their respective Predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the following clause (b). (b) The Issuer may make payment of any Overdue Interest on the Senior Secured Notes in any other lawful manner not inconsistent with the requirements of any securities exchange on which such Senior Secured Notes may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Issuer to the Trustee of the proposed payment pursuant to this clause (b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.09, each Senior Secured Note delivered under this Indenture upon registration of transfer of, or in exchange for, or in lieu of, any other Senior Secured Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Senior Secured Note. All payments of principal, premium, or Liquidated Damages, if any, and interest on Senior Secured Notes will be made by check or, with respect to Senior Secured Notes the Holders of which own at least $1.0 million of Senior Secured Notes and have provided the Issuer with wire transfer instructions, will be made by wire transfer of immediately available funds to the accounts specified by the Holders thereof. Unless such designation is revoked in writing, any designation made by such Holder with respect to such Senior Secured Notes will remain in effect with respect to any future payments with respect to such Senior Secured Notes payable to such Holder. The Issuer will indemnify and hold the Trustee and the Paying Agent harmless against any loss, liability or expense (including attorneys' fees) resulting from any act or omission to act on the part of the Trustee, the Paying Agent or any such Holder in connection with any such designation or which the Paying Agent or Trustee may incur as a result of making any payment in accordance with any such designation. All payments of principal, premium or Liquidated Damagesprincipal and premium, if any, on the Senior Secured Notes shall be made upon presentation and surrender thereof at the office or agency of the Issuer maintained for such purpose in the Borough of Manhattan, The City of New York.

Payments; Interest Rights Preserved. Interest on any Senior Secured a Note which that is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person in whose name that Senior Secured Note (or one or more Predecessor Senior Secured Notes) is registered at the close of business on the Regular Record Date for such interest. Any interest or Liquidated Damages on any Senior Secured a Note which that is payable; , but is not punctually paid or duly provided for, on any Interest Payment Date (herein called "Overdue Defaulted Interest") shall forthwith cease to be payable to the Holder on the relevant Regular Record Date by virtue of having been such Holder, and such Overdue Defaulted Interest may be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Overdue Defaulted Interest to the Persons in whose names the Senior Secured Notes (or their respective Predecessor Notes) are registered at the close of business on a Special Record Date for the payment of such Overdue Defaulted Interest, which shall be set in the following manner. The Issuer shall notify the Note Trustee in writing of the amount of Overdue Defaulted Interest proposed to be paid on each Senior Secured Note and the date of the proposed payment, and at the same time the Issuer shall deposit with remit to the Trustee Offshore Collateral Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such Overdue Defaulted Interest or shall make arrangements satisfactory to the Note Trustee for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Overdue Defaulted Interest as in this clause (a) provided. Thereupon, the Issuer shall fix a Special Record Date for the payment of such Overdue Defaulted Interest which shall be not more than 15 25 days and not less than 10 days prior to the date of the proposed payment and not less than 10 20 days after the receipt by the Note Trustee of the notice of the proposed paymentpayment (the date so fixed, the "Special Record Date"). The Note Trustee shall promptly, in the name and at the expense of the Issuer, mail a written cause notice of the proposed payment of such Overdue Defaulted Interest and the Special Record Date therefor to be given to each Holder of Senior Secured NotesNotes in the manner set forth in Section 1.6, not less than 10 days prior to such Special Record Date. Notice of the proposed payment of such Overdue Defaulted Interest and the Special Record Date therefor having been so mailed, such Overdue Defaulted Interest shall be paid to the Persons in whose names the Senior Secured Notes (or their respective Predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the following clause (b). (b) The Issuer may make payment of any Overdue Defaulted Interest on the Senior Secured Notes in any other lawful manner not inconsistent with the requirements of any securities exchange on which such Senior Secured Notes may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Issuer to the Note Trustee of the proposed payment pursuant to this clause (b)clause, such manner of payment shall be deemed practicable by the Note Trustee. Subject to the foregoing provisions of this Section 2.09Section, each Senior Secured Note delivered under this Indenture upon registration of transfer of, of or in exchange for, for or in lieu of, of any other Senior Secured Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Senior Secured Note. Payments in respect of the principal of and interest on the Notes will be made at the Corporate Trust Office of the Note Trustee and subject to any fiscal or other laws and regulations applicable thereof, at the specified offices of any other Paying Agent appointed by the Issuer for such purpose. Payment in respect of principal of and interest on any Payment Date with respect to the Note will be made to the person in whose name such Note is registered on the Regular Record Date immediately preceding the applicable Payment Date. All payments of principal, premium, or Liquidated Damages, if any, and interest on Senior Secured of Notes will be made by U.S. Dollar check drawn on a bank in the United States of America and mailed to such person's address registered with the Note Trustee or, with respect to Senior Secured Notes in the Holders case of which have provided the Issuer with wire transfer instructionsa Holder of at least $1,000,000 principal amount of Notes, will be made by wire transfer of immediately available funds to the accounts specified a U.S. Dollar account maintained by the Holders thereofpayee with a bank in the United States; provided that the registered Holder so elects by giving written notice to such effect designating such account that is received by the Note Trustee or a Paying Agent no later than the Regular Record Date immediately preceding such Payment Date. Unless such designation is revoked in writing, any such designation made by such Holder with respect to such Senior Secured Notes will remain in effect with respect to any future payments with respect to such Senior Secured Notes payable to such Holder. Principal on the Notes, whether at maturity or upon redemption, will be payable upon surrender of the Notes to the Corporate Trust Office of the Note Trustee or at specified offices of any Paying Agent. The Issuer will indemnify and hold hereby promises to pay to the Trustee and Holder interest on the Paying Agent harmless against unpaid principal amount of each Note of each Holder from the date of issuance to but excluding the date such Note shall be paid in full. If any loss, liability principal of the Note or expense any other amount (including attorneys' feesinterest) resulting payable hereunder is not paid in full when due (whether at the stated due date, by acceleration or otherwise), the Issuer hereby agrees to pay from any act or omission time to act time upon demand interest on the part of amount past due at a rate per annum equal to the Trustee, the Paying Agent or any such Holder in connection with any such designation or which the Paying Agent or Trustee may incur as a result of making any payment in accordance with any such designationInvestor Default Rate. All payments of principal, premium or Liquidated Damages, if any, on the Senior Secured Notes The Investor Default Rate shall be made upon presentation and surrender thereof at paid pursuant to the office or agency procedures for payment of the Issuer maintained for such purpose in the Borough of Manhattan, The City of New YorkDefaulted Interest as set forth above.