Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Subsidiary Guarantor, except under the conditions described in Sections 12.02 and 12.03, from making payments at any time for the purpose of making payments in respect of this Subsidiary Guarantee, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 or 12.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become due and payable a Trust Officer shall have actually received the written notice provided for in the third sentence of Section 12.02(a) or in Section 12.07 (provided that, notwithstanding the foregoing, such application shall otherwise be subject to the provisions of the first sentence of Section 12.02(a), 12.02(b) and Section 12.03). Each Subsidiary Guarantor shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of such Subsidiary Guarantor.
Appears in 6 contracts
Samples: Indenture (Amida Industries Inc), Indenture (Terex Corp), Indenture (Terex Corp)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Subsidiary Guarantor, except under the conditions described in Sections 12.02 and 12.03, from making payments at any time for the purpose of making payments in respect of this Subsidiary Guaranteeon Guarantee Obligations, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 or 12.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments on Guarantee Obligations to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become due and payable a Trust Responsible Officer of the Trustee shall have actually received the written notice provided for in the third first sentence of Section 12.02(a10.02(b) or in Section 12.07 (provided that, notwithstanding the foregoing, the Holders receiving any payments made in contravention of Sections 12.02 and/or 12.03 (and the respective such application payments) shall otherwise be subject to the provisions of the first sentence of Section 12.02(a), 12.02(b) 12.02 and Section 12.03). Each Subsidiary Guarantor shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of such Subsidiary Guarantor.
Appears in 4 contracts
Samples: Indenture (Moore Labels Inc), Indenture (Asap Software Express Inc), Indenture (Asap Software Express Inc)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve XIV or elsewhere in this Indenture shall prevent (i) any a Subsidiary Guarantor, except under the conditions described in Sections 12.02 14.8 and 12.0314.9, from making payments at any time for the purpose of making payments in respect of this Subsidiary Guaranteeprincipal of and interest on the Securities, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 14.8 or 12.0314.9, the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of and interest on the Securities to the Holders entitled thereto unless at least two one Business Days Day prior to the date upon which such payment would otherwise become due and payable a Trust Officer payable, the Trustee shall have actually received the written notice provided for in the third sentence of Section 12.02(a14.8(a) or in Section 12.07 14.13 (provided that, notwithstanding the foregoing, such application shall otherwise be subject to the provisions of the first sentence of Section 12.02(a), 12.02(b14.8(a) and Section 12.0314.9). Each Subsidiary Guarantor shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of such Subsidiary Guarantor.
Appears in 1 contract
Samples: Atmi Inc
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve Eleven or elsewhere in this Indenture shall prevent (i) any Subsidiary Guarantor, except under the conditions described set forth in Sections 12.02 11.10 and 12.0311.11, from making payments at any time for the purpose of making payments in respect of this Subsidiary Guaranteeprincipal of and interest on the Notes, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 11.10 or 12.0311.11, the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of and interest on the Notes to the Holders entitled thereto unless at least two one Business Days Day prior to the date upon which such payment would otherwise become due and payable a Trust Officer payable, the Trustee shall have actually received the written notice provided for in the third sentence of Section 12.02(a11.10(a) or in Section 12.07 11.15 (provided that, notwithstanding the foregoing, such application shall otherwise be subject to the provisions of the first sentence of Section 12.02(a), 12.02(b11.10(a) and Section 12.0311.11). Each Subsidiary Guarantor shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of such any Subsidiary Guarantor.
Appears in 1 contract
Samples: Koppers Industries Inc
Payments May Be Paid Prior to Dissolution. Nothing Subject to Sections 12.02(b) and 12.03(b), nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Subsidiary a Guarantor, except under the conditions described in Sections 12.02 and 12.03, from making payments at any time for the purpose of making payments in respect of this Subsidiary Guaranteeprincipal of and interest on the Securities, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 or and 12.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of, and interest on, the Securities to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become due and payable a Trust Officer payable, the Trustee shall have actually received the written notice provided for in the third second sentence of Section 12.02(a) or in Section 12.07 (provided that, notwithstanding the foregoing, such application shall otherwise be subject to the provisions of the first sentence of Section 12.02(a), 12.02(b) and Section 12.03)12.09. Each Subsidiary A Guarantor shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of such Subsidiary Guarantor.
Appears in 1 contract
Samples: Kilovac International Inc
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Subsidiary Guarantorthe Guarantors, except under the conditions described in Sections 12.02 and 12.03Section 12.02, from making payments at any time for of principal of and interest on the purpose of making payments in respect of this Subsidiary GuaranteeSecurities, or from depositing with the Trustee any moneys for such paymentspayments or from effecting a termination of the Guarantors' obligations under the Securities and this Indenture as provided in Article Eight, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 or 12.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of and interest on the Securities, to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become becomes due and payable a Trust Officer payable, the Trustee shall have actually received the written notice provided for in the third sentence of Section 12.02(a12.02(b) or in Section 12.07 (provided that, notwithstanding the foregoing, such application shall otherwise be subject to the provisions of the first sentence of Section 12.02(a), 12.02(b) and Section 12.03)12.06. Each Subsidiary Guarantor The Company shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of such Subsidiary any Guarantor.
Appears in 1 contract
Samples: Indenture (Scientific Games Corp)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve Eleven or elsewhere in this Indenture shall prevent (i) any Subsidiary Guarantor, except under the conditions described in Sections 12.02 11.10 and 12.0311.11, from making payments at any time for the purpose of making payments in respect of this Subsidiary Guaranteeprincipal of and interest on the Notes, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 11.10 or 12.0311.11, the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of and interest on the Notes to the Holders entitled thereto unless at least two one Business Days Day prior to the date upon which such payment would otherwise become due and payable a Trust Officer payable, the Trustee shall have actually received the written notice provided for in the third sentence of Section 12.02(a11.10(a) or in Section 12.07 11.15 (provided that, notwithstanding the foregoing, such application shall otherwise be subject to the provisions of the first sentence of Section 12.02(a), 12.02(b11.10(a) and Section 12.0311.11). Each Subsidiary Guarantor shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of such any Subsidiary Guarantor.
Appears in 1 contract
Samples: Tracor Inc /De
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve XIV or elsewhere in this Indenture shall prevent (i) any the Subsidiary Guarantor, except under the conditions described in Sections 12.02 14.10 and 12.0314.11, from making payments at any time for the purpose of making payments in respect of this Subsidiary Guaranteeprincipal of and interest on the Securities, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 14.10 or 12.0314.11, the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of and interest on the Securities to the Holders entitled thereto unless at least two one Business Days Day prior to the date upon which such payment would otherwise become due and payable a Trust Officer payable, the Trustee shall have actually received the written notice provided for in the third sentence of Section 12.02(a14.10(a) or in Section 12.07 14.15 (provided that, notwithstanding the foregoing, such application shall otherwise be subject to the provisions of the first sentence of Section 12.02(a), 12.02(b14.10(a) and Section 12.0314.11). Each The Subsidiary Guarantor shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of such the Subsidiary Guarantor.
Appears in 1 contract
Samples: Amerisource Health Corp/De
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Subsidiary Guarantor, except under the conditions described in Sections 12.02 and 12.03, from making payments at any time for the purpose of making payments in respect of this Subsidiary GuaranteeGuarantee Obligations, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 or 12.03, the the, application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of, and interest on, Guarantee Obligations to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become due and payable a Trust Officer shall have actually received the written notice provided for in the third second sentence of Section 12.02(a) or in Section 12.07 (provided that, notwithstanding the foregoing, such application shall otherwise be subject to the provisions of the first sentence of Section 12.02(a), 12.02(b) and Section 12.03). Each Subsidiary Guarantor shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of such Subsidiary Guarantor.
Appears in 1 contract
Samples: Indenture (Del Monte Foods Co)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve XII or elsewhere in this Indenture shall prevent (i) any Subsidiary Guarantor, except under the conditions described in Sections 12.02 12.2 and 12.0312.3, from making payments at any time for the purpose of making payments in respect of this Subsidiary Guaranteeprincipal of and interest on the Notes, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 12.2 or 12.0312.3, the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of and interest on the Notes to the Holders entitled thereto thereto, unless at least two one Business Days Day prior to the date upon which such payment would otherwise become due and payable a Trust Officer payable, the Trustee shall have actually received the written notice provided for in the third sentence of Section 12.02(a12.2(a) or in Section 12.07 12.7 (provided that, notwithstanding the foregoing, such application shall otherwise be subject to the provisions of the first sentence of Section 12.02(a), 12.02(b12.2(a) and Section 12.0312.3). Each Subsidiary Guarantor shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of such any Subsidiary Guarantor.
Appears in 1 contract
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve Ten B or elsewhere in this Indenture shall prevent (i) any Subsidiary a Guarantor, except under the conditions described in Sections 12.02 10B.01 and 12.0310B.02, from making payments at any time for the purpose of making payments in respect of this Subsidiary Guaranteeprincipal of and interest on the Securities, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 or 12.03Sections 10B.01 and 10B.02, the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of, and interest on, the Securities to the Holders entitled thereto unless unless, at least two one Business Days Day prior to the date upon which such 109 -101- payment would otherwise become due and payable a Trust Officer payable, the Trustee shall have actually received the written notice provided for in the third sentence of Section 12.02(a10B.02(a) or in Section 12.07 (provided that, notwithstanding the foregoing, such application shall otherwise be subject to the provisions of the first sentence of Section 12.02(a), 12.02(b) and Section 12.03)10B.09. Each Subsidiary The Guarantor shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of such Subsidiary any Guarantor.
Appears in 1 contract
Samples: Amcast Radio Sales Inc
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Subsidiary Guarantor, except under the conditions described in Sections 12.02 and 12.03, from making payments at any time for the purpose of making payments in respect of this Subsidiary Guarantee, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 or 12.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become due and payable a Trust Officer shall have actually received the written notice provided for in the third sentence of Section 12.02(a) or in Section 12.07 has been received by the Trustee (provided that, notwithstanding the foregoing, such application shall otherwise be subject to the provisions of the first sentence of Section 12.02(a), 12.02(b) and Section 12.03). Each Subsidiary Guarantor shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of such Subsidiary Guarantor.
Appears in 1 contract
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve Fifteen or elsewhere in this Indenture shall prevent (i) any Subsidiary Guarantor, except under the conditions described in Sections 12.02 1502 and 12.031503, from making payments at any time for the purpose of making payments in respect of this Subsidiary Guarantee, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 1502 or 12.031503, the application by the Trustee of any moneys deposited with it for the purpose of making such payments to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become due and payable a Trust Officer shall have actually received the written notice provided for in the third sentence of Section 12.02(a1502(a) or in Section 12.07 1507 (provided that, notwithstanding the foregoing, such application shall otherwise be subject to the provisions of the first sentence of Section 12.02(a1502(a), 12.02(b1502(b) and Section 12.031503). Each Subsidiary Guarantor shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of such Subsidiary Guarantor.
Appears in 1 contract
Samples: Supplemental Indenture (Terex Corp)
Payments May Be Paid Prior to Dissolution. Nothing Subject to Sections 12.02(b) and 12.03(b), nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Subsidiary a Guarantor, except under the conditions described in Sections 12.02 and 12.03, from making payments at any time for the purpose of making payments in respect of this Subsidiary Guaranteeprincipal of, premium and interest on the Securities, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section Sections 12.02 or and 12.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of, and interest on, the Securities to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become due and payable a Trust Officer payable, the Trustee shall have actually received the written notice provided for in the third second sentence of Section 12.02(a) or in Section 12.07 (provided that, notwithstanding the foregoing, such application shall otherwise be subject to the provisions of the first sentence of Section 12.02(a), 12.02(b) and Section 12.03)12.09. Each Subsidiary A Guarantor shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of such Subsidiary Guarantor.
Appears in 1 contract
Samples: Globe Manufacturing Corp