Payments to Debentureholders. No direct or indirect payment shall be made on the Guaranty by the Guarantor, if there shall have occurred and be continuing (a) any default in the payment of principal, premium, if any, or interest on any Guarantor Senior Indebtedness continuing beyond the period of grace, if any, specified in the instrument or lease evidencing such Guarantor Senior Indebtedness with respect to Guarantor Senior Indebtedness, or (b) any other default with respect to any Guarantor Senior Indebtedness permitting the acceleration thereof and such default is the subject of a judicial proceeding or the Guarantor receives notice of such a default from the holders of an aggregate of not less than $5,000,000 aggregate principal amount of such Guarantor Senior Indebtedness (PROVIDED, HOWEVER, that in the case of Guarantor Senior Indebtedness issued pursuant to an indenture such notice may be validly given only by the trustee under such indenture), unless and until such default or event of default shall have been cured or waived or shall have ceased to exist. Upon any acceleration of the principal of the Debentures or any payment by the Guarantor, or distribution of assets of the Guarantor of any kind or character, whether in cash, property or securities, to creditors upon any dissolution or winding-up or liquidation or reorganization of the Guarantor, whether voluntary or involuntary or in bankruptcy, insolvency, receivership or other proceedings, all amounts due or to become due upon all Guarantor Senior Indebtedness shall first be paid in full in money or money's worth, or payment thereof provided for in accordance with its terms, before any payment is made by the Guarantor pursuant to the Guaranty on account of the principal of (and premium, if any) or interest on the Debentures; and upon any such dissolution or winding-up or liquidation or reorganization, any payment by the Guarantor, or distribution of assets of the Guarantor of any kind or character, whether in cash, property or securities, to which the holders of the Debentures or the Trustee would be entitled pursuant to or with respect to the Guaranty except for the provisions of this Article Seventeen, shall (except as aforesaid) be paid by the Guarantor or by any receiver, trustee in bankruptcy, liquidating trustee, agent or other Person making such payment or distribution, or by the holders of the Debentures or by the Trustee under this Indenture if received by them or it, directly to the holders of Guarantor Senior Ind...
Payments to Debentureholders. No payment shall be made with respect to the principal of, premium, if any, or Interest on the Debentures (including, but not limited to, the Redemption Price with respect to Debentures called for redemption in accordance with Section 3.02 or Repurchase Price with respect to Debentures submitted for repurchase in accordance with Section 3.05), except payments and distributions made by the Trustee as permitted by the first or second paragraph of Section 4.05, if:
Payments to Debentureholders. No payment or distributions shall be made with respect to indebtedness evidenced by the Debentures nor shall the Company acquire any Debentures for cash, property or securities, except payments and distributions made by the Trustee as permitted by the first or second paragraph of Section 5.05 or by Section 5.08, if:
Payments to Debentureholders. No payment of cash shall be made with respect to the principal of, interest on or any other amounts due on the Debentures (including, but not limited to, any amount due with respect to Debentures to be called for repurchase in accordance with Section 3.02, submitted for purchase in accordance with Section 3.04 or submitted for repurchase in accordance with Section 3.05 or upon conversion of the Debentures in accordance with Article 15, as the case may be, as provided in this Indenture), except payments and distributions made by the Trustee as permitted by the first or second paragraph of Section 4.05, if:
Payments to Debentureholders. Parent shall not make any payment pursuant to its obligations under Section 5.1 of this First Supplemental Indenture with respect to any of the Obligations (including, but not limited to, the redemption price with respect to the Debentures to be called for redemption in accordance with Section 3.2 of the Indenture or submitted for redemption in accordance with Section 3.5 of the Indenture, as the case may be) if:
Payments to Debentureholders. Nothing contained in this Article Fourteen or elsewhere in this Indenture, or in any of the Debentures, shall prevent at any time, (a) the Company from making payments at any time of principal of or interest on the Debentures, except under the conditions described in Section 14.02 or during the pendency of any proceedings or sale therein referred to, provided, however, that payments of principal of or interest on the Debentures shall only be made by the Company within three business days of the due dates for such payments or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of or interest on the Debentures, if at the time of such deposit the Trustee did not have written notice in accordance with Section 14.06 of any event prohibiting the making of such deposit by the Company or if in the event of redemption, the Trustee did not have such written notice prior to the time that the notice of redemption pursuant to Section 3.02 was given (which notice of redemption shall in no event be given more than 60 days prior to the date fixed for redemption).
Payments to Debentureholders. 48 SECTION 14.03. Subrogation of Debentures....................................................................49 SECTION 14.04. Authorization by Debentureholders............................................................50 SECTION 14.05. Notice to Trustee............................................................................50 SECTION 14.06. Trustee's Relation to Senior and Subordinated Debt...........................................50 SECTION 14.07. No Impairment to Subordination...............................................................51 THIS INDENTURE, is dated as of May 13, 1998, between Xxxxx & Minor, Inc., a Virginia corporation (the "Company"), and The First National Bank of Chicago, as Trustee (the "Trustee"):
Payments to Debentureholders. Nothing contained in this Article Three or elsewhere in this Indenture, or in any of the Debentures, shall, however, (a) affect the obligation of the Company to make, or prevent the Company from making, at any time, except as provided in Section 3.02, payments of principal of (including any sinking fund payment) or premium, if any, or interest on the Debentures or (b) prevent the application by the Trustee of any moneys deposited with it hereunder by the Company to the payment of or on account of the principal of (including any sinking fund payment) or premium, if any, or interest on the Debentures if the Trustee did not have written notice of any event prohibiting the payment of such principal or interest on or prior to the third business day preceding the date such payment is due.
Payments to Debentureholders. 61 SECTION 14.05. Holders of Debentures Authorize Trustee to Effectuate Subordination of Debentures........................... 61 SECTION 14.06. Notice to Trustee..................................... 61 SECTION 14.07. Trustee's May Hold Senior Indebtedness................ 62 SECTION 14.08. Applicability of Article Fourteen to Paying Agents.... 62
Payments to Debentureholders. No payment shall be made with respect to the principal of, interest on (including Liquidated Damages, if any) or any other amounts due on the Debentures (including, but not limited to, the redemption price with respect to the Debentures to be called for repurchase in accordance with Section 3.02, submitted for purchase in accordance with Section 3.05 or submitted for repurchase in accordance with Section 3.06 or upon conversion of the Debentures in accordance with Article 15, as the case may be, as provided in this Indenture), except payments and distributions made by the Trustee as permitted by the first or second paragraph of Section 4.05, if:
