Common use of Payments May Be Paid Prior to Dissolution Clause in Contracts

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 2 contracts

Samples: Indenture (Terex Corp), Indenture (Terex Corp)

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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: Indenture (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 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 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: Indenture (Tracor Inc /De)

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: Indenture (Amcast Radio Sales 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: Indenture (Atmi 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, 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: Indenture (Globe Manufacturing Corp)

Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve Fifteen or elsewhere in this Indenture shall prevent (i) any Subsidiary Guarantorthe Guarantors, except under the conditions described in Sections 12.02 and 12.03Section 1502 or 1503 of this Indenture, from making payments at any time for of principal of, premium, if any, and interest on the purpose of making payments in respect of this Subsidiary GuaranteeSecurities, or from depositing with the Trustee any moneys money 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 money deposited with it for the purpose of making such payments of principal of, premium, if any, and interest on the Securities pursuant to the Holders Guarantees thereof to the holders entitled thereto unless 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 Section 1502(b) of this Indenture (or there shall have been an acceleration of the third sentence of Section 12.02(aSecurities prior to such application) or in Section 12.07 (provided that, notwithstanding the foregoing, such application shall otherwise be subject to the provisions 1506 of the first sentence of Section 12.02(a), 12.02(b) and Section 12.03)this Indenture. Each Subsidiary Guarantor shall give prompt written notice to the Trustee of any dissolution, winding-winding up, liquidation or reorganization of such Subsidiary Guarantor.

Appears in 1 contract

Samples: Indenture (United Stationers Supply Co)

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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 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 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 Notes 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: Indenture (Caterair International Inc /Ii/)

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: Indenture (Koppers Industries Inc)

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 contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any a 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 its 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 in respect of the Notes 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 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 A Subsidiary Guarantor shall give prompt written writ- ten notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of such Subsidiary Guarantor.

Appears in 1 contract

Samples: Indenture (Perry-Judds Inc)

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: Indenture (Amerisource Health Corp/De)

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