Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any 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 on 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 Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(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 payments) shall otherwise be subject to the provisions of Section 12.02 and Section 12.03
Appears in 3 contracts
Samples: Indenture (Encompass Services Corp), Indenture (Building One Services Corp), Indenture (Building One Services Corp)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any 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 on 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 Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(b12.02(b) or in Section 12.07 (provided that, notwithstanding the foregoing, the such -------- Holders receiving any payments made in contravention of Sections 12.02 and/or 12.03 (and the respective such payments) application shall otherwise be subject to the provisions of Section 12.02 12.02(a) and Section 12.03
Appears in 2 contracts
Samples: Indenture (Building One Services Corp), Indenture (Alliance Imaging of Central Georgia Inc)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve Ten or elsewhere in this Indenture shall prevent (i) any Guarantorthe Company, except under the conditions described in Sections 12.02 10.02 and 12.0310.03, from making payments at any time for the purpose of making payments of principal of and interest on Guarantee Obligationsthe 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 10.02 or 12.0310.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments on Guarantee Obligations 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 shall have actually received the written notice provided for in the first sentence of Section 10.02(b) or in Section 12.07 10.07 (provided that, --------- notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 Section 10.02 and/or 12.03 10.03 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 10.02 and Section 12.0310.03
Appears in 2 contracts
Samples: Indenture (Building One Services Corp), Indenture (Building One Services Corp)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve Ten or elsewhere in this Indenture shall prevent (i) any Guarantorthe Issuers, except under the conditions described in Sections 12.02 10.2 and 12.0310.3, from making payments at any time for the purpose of making payments of principal of and interest on Guarantee Obligationsthe 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 10.2 or 12.0310.3, the application by the Trustee of any moneys deposited with it for the purpose of making such payments on Guarantee Obligations 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 shall have actually received the written notice provided for in the first sentence of Section 10.02(b10.2(b) or in Section 12.07 10.7 (provided thatprovided, that notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 Section 10.2 and/or 12.03 10.3 (and the respective any such payments) shall otherwise be subject to the provisions of Section 12.02 10.2 and Section 12.0310.
Appears in 1 contract
Samples: Indenture (Natg Holdings LLC)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any 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 on Guarantee Obligations, or from depositing with the Trustee any moneys monies 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 monies deposited with it by a Guarantor for the purpose of making such payments on Guarantee Obligations 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 the Trustee shall have actually received the written notice provided for in Section 12.13, in the first sentence of Section 10.02(b) or in the last sentence of this Section 12.07 12.04 (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 payments) shall otherwise be subject to the provisions of Section 12.02 and Section 12.03
Appears in 1 contract
Samples: Indenture (Manitowoc Co Inc)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve Section 11 or elsewhere in this Indenture Agreement shall prevent (i) any Guarantor, except under the conditions described in Sections 12.02 11.2 and 12.0311.3, from making payments at any time for the purpose of making payments on Guarantee Obligations, or from depositing with the Trustee Agent any moneys monies for such payments, or (ii) in the absence of actual knowledge by the Trustee Agent that a given payment would be prohibited by Section 12.02 11.2 or 12.0311.3, the application by the Trustee Agent of any moneys monies deposited with it for the purpose of making such payments on Guarantee Obligations to the Holders Lenders 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 the Agent shall have actually received the written notice provided for in the first sentence of Section 10.02(b8.2(b) or in Section 12.07 (provided that, notwithstanding the foregoing, the -------- Holders Lenders receiving any payments made in contravention of Sections 12.02 11.2 and/or 12.03 11.3 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 11.2 and Section 12.0311.3
Appears in 1 contract
Samples: Senior Subordinated Credit Agreement (Ameristar Casinos Inc)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any 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 on 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 shall have actually received the written notice provided for in the first sentence of Section 10.02(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 payments) shall otherwise be subject to the provisions of Section 12.02 and Section 12.03).
Appears in 1 contract
Samples: Indenture (Unilab Corp /De/)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve Ten or elsewhere in this Indenture shall prevent (i) any Guarantorthe Company, except under the conditions described in Sections 12.02 10.02 and 12.0310.03, from making payments at any time for the purpose of making payments of principal of and interest on Guarantee Obligationsthe 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 10.02 or 12.0310.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments on Guarantee Obligations 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 Responsible Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(b) or in Section 12.07 10.07 (provided -------- that, notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 Section 10.02 and/or 12.03 10.03 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 10.02 and Section 12.0310.03
Appears in 1 contract
Samples: Indenture (Pacer Express Inc)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any 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 on 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 shall have actually received the written notice provided for in the first sentence of Section 10.02(b) or in Section 12.07 (provided 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 payments) shall otherwise be subject to the provisions of Section 12.02 12.02(a) and Section 12.03
Appears in 1 contract
Samples: Indenture (Avado Brands Inc)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any 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 on 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 12.2 or 12.0312.3, 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 Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(b10.2(b) or in Section 12.07 12.7 (provided thatprovided, that notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 12.2 and/or 12.03 12.3 (and the respective any such payments) shall otherwise be subject to the provisions of Section 12.02 12.2 and Section 12.0312.
Appears in 1 contract
Samples: Indenture (Natg Holdings LLC)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any 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 on 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 shall have actually received the written notice provided for in the first sentence of Section 10.02(b12.02(b) or in Section 12.07 (provided that, notwithstanding the foregoing, the such -------- Holders receiving any payments made in contravention of Sections 12.02 and/or 12.03 (and the respective such payments) application shall otherwise be subject to the provisions of Section 12.02 12.02(a) and Section 12.03
Appears in 1 contract
Samples: Indenture (MTL Inc)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve 12 or elsewhere in this Indenture Agreement shall prevent (i) any 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 on Guarantee Obligations, or from depositing with the Trustee any moneys monies 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 monies deposited with it for the purpose of making such payments on Guarantee Obligations 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 the Trustee shall have actually received the written notice provided for in the first sentence of Section 10.02(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 payments) shall otherwise be subject to the provisions of Section 12.02 and Section 12.03
Appears in 1 contract
Samples: Indenture (Ameristar Casinos Inc)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any 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 on 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 12.2 or 12.0312.3, 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 one Business Days Day prior to the date upon which such payment would otherwise become due and payable a Trust Responsible Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(b10.2(b) or in Section 12.07 12.7 (provided that, notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 12.2 and/or 12.03 12.3 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 12.2 and Section 12.0312.3
Appears in 1 contract
Samples: Indenture (Quality Distribution Inc)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any 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 on 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 12.2 or 12.0312.3, 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 one Business Days Day prior to the date upon which such payment would otherwise become due and payable a Trust Responsible Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(b10.2(b) or in Section 12.07 12.7 (provided PROVIDED that, notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 12.2 and/or 12.03 12.3 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 and Section 12.0312.2 -123-
Appears in 1 contract
Samples: Indenture (Salt Holdings Corp)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any 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 on 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 one Business Days Day prior to the date upon which such payment would otherwise become due and payable a Trust Responsible Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(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 payments) shall otherwise be subject to the provisions of Section 12.02 and Section 12.03
Appears in 1 contract
Samples: Indenture (Quality Distribution Inc)
Payments May Be Paid Prior to Dissolution. Nothing ----------------------------------------- contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any 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 on Guarantee Obligations, or from depositing with the Trustee any moneys monies 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 monies deposited with it by a Guarantor for the purpose of making such payments on Guarantee Obligations 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 the Trustee shall have actually received the written notice provided for in Section 12.13, in the first sentence of Section 10.02(b) or in the last sentence of this Section 12.07 12.04 (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 payments) shall otherwise be subject to the provisions of Section 12.02 and Section 12.03
Appears in 1 contract
Samples: Indenture (Manitowoc Co Inc)
Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any 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 on 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 12.2 or 12.0312.3, 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 one Business Days Day prior to the date upon which such payment would otherwise become due and payable a Trust Responsible Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(b10.2(b) or in Section 12.07 12.7 (provided that, notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 12.2 and/or 12.03 12.3 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 12.2 and Section 12.0312.3
Appears in 1 contract
Samples: Indenture (GSL Corp)