Common use of Person Entitled to Payment Clause in Contracts

Person Entitled to Payment. The person in whose name any Notes shall be registered shall be deemed the owner thereof for all purposes of this Indenture and payment of or on account of the principal and accrued interest on such Notes shall be made only to or upon the order in writing of such Holder thereof and such payment shall be a good and sufficient discharge to the Trustee and any registrar and to VGZ and any paying agent for the amount so paid. As the interest and/or the principal on the Notes becomes payable, VGZ shall have deposited with the Trustee on or prior to 11:00 a.m., New York City time, on each Interest Payment Date, or on or prior to 11:00 a.m., New York City time on the Business Day prior to the Maturity Date, money sufficient, in immediately available funds, to make cash payments due on such Maturity Date or Interest Payment Date, as applicable, in a timely manner which permits the Trustee to remit payment to the Holders on such Interest Payment Date or Maturity Date, as applicable. On the Interest Payment Date or Maturity Date, as applicable, the Trustee shall either pay by wire transfer in immediately available funds, or forward or cause to be forwarded by prepaid post (or in the event of mail service interruption by such other means as the Trustee and VGZ shall determine to be appropriate), to the Holder for the time being of each such Note, at his address appearing on the appropriate register hereinbefore mentioned, or in the case of joint Holders, to the one whose name appears first on such register, a cheque for such interest and/or principal, as applicable (and any additional amounts payable under section 2.15), payable to the order of such Holder or Holders and negotiable at par at each of the places at which interest and/or principal, as applicable, upon such Notes is payable. The initiation of such wire or the forwarding of such cheque shall satisfy and discharge the liability for the interest and/or principal, as applicable, on the Notes to the extent of the sums represented thereby, unless such cheque be not paid on presentation; provided that, in the event of the non-receipt of such wire or cheque by the Holder, or the loss or destruction of the cheque thereof, the Trustee, on being furnished with reasonable evidence of such non-receipt, loss or destruction and indemnity reasonably satisfactory to it shall either initiate a new wire or issue a replacement cheque for the amount of such cheque to such Holder. The registered Holder for the time being of any Note shall be entitled to the principal and interest, if any, evidenced by such Note, free from all equities or rights of set-off, compensation or counterclaim between VGZ and the original or any intermediate Holder thereof and all persons may act accordingly, and a transferee of a Note shall, after the appropriate form of transfer is lodged with the Trustee and upon compliance with all other conditions in such respect required by this Indenture or by any conditions contained in such Note or by law, be entitled to be entered on the register as the owner of such Note, free from all equities or rights of set-off, compensation or counterclaim between VGZ and his transferor or any previous Holder thereof, save in respect of equities of which VGZ is required to take notice by statute or by order of a court of competent jurisdiction. Where Notes are registered in more than one name, the principal and interest, if any, from time to time payable in respect thereof in accordance with this section 2.10 may be paid by wire transfer or cheque payable to the order of all such Holders, failing written instructions from them to the contrary, and such payment shall be a valid discharge to the Trustee and to VGZ and any paying agent for the amount so paid.

Appears in 1 contract

Samples: Senior Secured Note Indenture (Vista Gold Corp)

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Person Entitled to Payment. The person in whose name any Notes shall be registered shall be deemed the owner thereof for all purposes of this Indenture and payment Payment of or on account of the principal and accrued interest on such of Notes shall be made only to or upon the order in writing of such the Registered Holder thereof and such payment shall be a good and sufficient discharge to the Trustee and any registrar and to VGZ the Corporation and any paying agent for the amount so paid. As the interest and/or the principal on the Notes any Note becomes payable, VGZ the Corporation shall have deposited with the Trustee on or prior to 11:00 a.m., New York City time, on each Interest Payment Date, or on or prior to 11:00 a.m., New York City time on the Business Day prior to the Maturity Date, money sufficient, in immediately available funds, to make cash payments due on such Maturity Date or Interest Payment Date, as applicable, in a timely manner which permits the Trustee to remit forward payment to the Holders on such Interest Payment Date or Maturity Date, as applicable. On the Interest Payment Date or Maturity Date, as applicable, the Trustee shall either pay by wire transfer in immediately available funds, or forward or cause to be forwarded on account of such interest (less any tax required by prepaid post (or in the event of mail service interruption by such other means as the Trustee and VGZ shall determine law to be appropriate), deducted) to the Registered Holder for the time being of each such NoteNote or, at his address appearing on the appropriate register hereinbefore mentioned, or in the case of joint Registered Holders, to the one whose name appears first on such register, a by (i) electronic funds transfer before the close of business on the Interest Payment Date, (ii) cheque for such interest and/or principal, as applicable (and any additional amounts payable under section 2.15), mailed to the address of the Registered Holder on the third Business Day prior to the Interest Payment Date payable to the order of such Registered Holder or Registered Holders and negotiable at par at each of the places at which interest and/or principal, as applicable, upon such the Notes is payable, or (iii) such other method or means as the Trustee and the Corporation shall determine to be appropriate. The initiation of such wire or the Such forwarding of such cheque shall satisfy and discharge the liability for the interest and/or principal, as applicable, on the Notes to the extent of the sums represented thereby, thereby (plus the amount of any tax deducted as aforesaid) unless such transfer does not occur or cheque be not paid on presentation; provided that, that in the event of the non-receipt of such wire or cheque payment by the Registered Holder, or the loss or destruction of the cheque thereof, the Trustee, Corporation and the Trustee on being furnished with reasonable evidence of such non-receipt, loss or destruction and indemnity reasonably satisfactory to it them shall either initiate a new wire or issue to such Registered Holder a replacement cheque for the amount of such cheque to such Holderpayment. The registered Registered Holder for the time being of any Note shall be entitled to the principal and interest, if any, interest evidenced by such Note, free from all equities or rights of set-off, compensation off or counterclaim between VGZ the Corporation and the original or any intermediate Holder holder thereof and all persons Persons may act accordingly, accordingly and a transferee of a Note shall, after the appropriate form of transfer is lodged with the Trustee or other registrar and upon compliance with all other conditions in such respect required by this Indenture or by any conditions contained in such Note or by law, be entitled to be entered on the appropriate register or on any one of the appropriate registers as the owner of such Note, Note free from all equities or rights of set-off, compensation off or counterclaim between VGZ the Corporation and his transferor or any previous Holder holder thereof, save in respect of equities of which VGZ the Corporation is required to take notice by statute or by order of a court of competent jurisdiction. Where Notes are registered in more than one name, the principal and interest, if any, interest from time to time payable in respect thereof in accordance with this section 2.10 may be paid by wire cheque or by means of electronic funds transfer or cheque payable to the order of all such HoldersRegistered Noteholders, failing written instructions from them to the contrary, and such payment shall be a valid discharge to the Trustee and any registrar and to VGZ the Corporation and any paying agent for the amount so paid.

Appears in 1 contract

Samples: Caterpillar Financial Services Corp

Person Entitled to Payment. The person in whose name any Notes shall be registered shall be deemed the owner thereof for all purposes of this Indenture and payment of or on account of the principal and accrued interest on such Notes shall be made only to or upon the order in writing of such Holder thereof and such payment shall be a good and sufficient discharge to the Trustee and any registrar and to VGZ and any paying agent GBG for the amount so paid. As the interest and/or the principal on the Notes becomes payable, VGZ GBG shall have deposited with the Trustee on or prior to 11:00 a.m., New York City time, on each Interest Payment Date, or on or prior to 11:00 a.m., New York City time on the Business Day prior to the Maturity Date, money sufficient, in immediately available funds, to make cash payments due on such Maturity Date or Interest Payment Date, as applicable, in a timely manner which permits the Trustee to remit payment to the Holders on such Interest Payment Date or Maturity Date, as applicable. On the Interest Payment Date or Maturity Date, as applicable, the Trustee shall either pay by wire transfer in immediately available funds, or forward or cause to be forwarded by prepaid post (or in the event of mail service interruption by such other means as the Trustee and VGZ GBG shall determine to be appropriate), to the Holder for the time being of each such Note, at his address appearing on the appropriate register hereinbefore mentioned, or in the case of joint Holders, to the one whose name appears first on such register, a cheque for such interest and/or principal, as applicable (and any additional amounts payable under section 2.15), payable to the order of such Holder or Holders and negotiable at par at each of the places at which interest and/or principal, as applicable, upon such Notes is payable. The initiation of such wire or the forwarding of such cheque shall satisfy and discharge the liability for the interest and/or principal, as applicable, on the Notes to the extent of the sums represented thereby, unless such cheque be not paid on presentation; provided that, in the event of the non-receipt of such wire or cheque by the Holder, or the loss or destruction of the cheque thereof, the Trustee, on being furnished with reasonable evidence of such non-receipt, loss or destruction and indemnity reasonably satisfactory to it shall either initiate a new wire or issue a replacement cheque for the amount of such cheque to such Holder. The registered Holder for the time being of any Note shall be entitled to the principal and interest, if any, evidenced by such Note, free from all equities or rights of set-off, compensation or counterclaim between VGZ GBG and the original or any intermediate Holder thereof and all persons may act accordingly, and a transferee of a Note shall, after the appropriate form of transfer is lodged with the Trustee or other registrar and upon compliance with all other conditions in such respect required by this Indenture or by any conditions contained in such Note or by law, be entitled to be entered on the appropriate register or on any one of the appropriate registers as the owner of such Note, free from all equities or rights of set-off, compensation or counterclaim between VGZ GBG and his transferor or any previous Holder thereof, save in respect of equities of which VGZ GBG is required to take notice by statute or by order of a court of competent jurisdiction. Where Notes are registered in more than one name, the principal and interest, if any, from time to time payable in respect thereof in accordance with this section 2.10 may be paid by wire transfer or cheque payable to the order of all such Holders, failing written instructions from them to the contrary, and such payment shall be a valid discharge to the Trustee and to VGZ and any paying agent for the amount so paid.

Appears in 1 contract

Samples: Great Basin Gold LTD

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Person Entitled to Payment. The person in whose name any Notes Debentures shall be registered shall be deemed the owner thereof for all purposes of this Indenture and payment of or on account of the principal and principal, accrued interest and Remaining Interest Premium on such Notes Debentures shall be made only to or upon the order in writing of such Holder holder thereof and such payment shall be a good and sufficient discharge to the Trustee and any registrar and to VGZ the Company and any paying agent for the amount so paid. As Subject to section 3.06, as the interest and/or the principal on the Notes Debentures becomes payablepayable (except interest payable at maturity, VGZ shall have deposited with conversion or on redemption which may, at the Trustee on or option of the Company, be paid upon presentation and surrender of such Debentures for payment), the Company, at least three days prior to 11:00 a.m., New York City time, on each Interest Payment Date, or on or prior to 11:00 a.m., New York City time on the Business Day prior to the Maturity Date, money sufficient, in immediately available funds, to make cash payments due on such Maturity Date or Interest Payment Date, as applicable, in a timely manner which permits the Trustee to remit payment to the Holders on such Interest Payment Date or Maturity Date, as applicable. On the Interest Payment Date or Maturity Date, as applicable, the Trustee shall either pay by wire transfer in immediately available funds, or forward or cause to be forwarded by prepaid post (or in the event of mail service interruption by such other means as the Trustee and VGZ the Company shall determine to be appropriate), to the Holder holder for the time being of each such NoteDebenture, at his address appearing on the appropriate register hereinbefore mentioned, or in the case of joint Holders, to the one whose name appears first on such register, a cheque for such interest and/or principal, as applicable (and less any additional amounts payable under section 2.15), tax required by law to be deducted) payable to the order of such Holder or Holders and negotiable at par at each of the places at which interest and/or principal, as applicable, upon such Notes the Debentures is payable. The initiation of such wire or the forwarding of such cheque shall satisfy and discharge the liability for the interest and/or principal, as applicable, on the Notes Debentures to the extent of the sums represented thereby, thereby (plus the amount of any tax deducted as aforesaid) unless such cheque be not paid on presentation; provided that, that in the event of the non-receipt of such wire or cheque by the Holderholder, or the loss or destruction of the cheque thereof, the Trustee, Company on being furnished with reasonable evidence of such non-receipt, loss or destruction and indemnity reasonably satisfactory to it shall either initiate a new wire or issue to such holder a replacement cheque for the amount of such cheque to such Holdercheque. The registered Holder for the time being of any Note Debenture shall be entitled to the principal and interest, if any, interest evidenced by such NoteDebenture, free from all equities or rights of set-off, compensation or counterclaim between VGZ the Company and the original or any intermediate Holder thereof and all persons may act accordingly, accordingly and a transferee of a Note Debenture shall, after the appropriate form of transfer is lodged with the Trustee or other registrar and upon compliance with all other conditions in such respect that behalf required by this Indenture or by any conditions contained in such Note Debenture or by law, be entitled to be entered on the appropriate register or on any one of the appropriate registers as the owner of such Note, Debenture free from all equities or rights of set-off, compensation or counterclaim between VGZ the Company and his transferor or any previous Holder holder thereof, save in respect of equities of which VGZ the Company is required to take notice by statute or by order of a court of competent jurisdiction. Where Notes Debentures are registered in more than one name, the principal and interest, if any, interest from time to time payable in respect thereof in accordance with this section 2.10 may be paid by wire transfer or cheque payable to the order of all such Holders, failing written instructions from them to the contrary, and such payment shall be a valid discharge to the Trustee and any registrar and to VGZ the Company and any paying agent for the amount so paid.

Appears in 1 contract

Samples: Telesystem International Wireless Inc

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