Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Except as provided in clause 3.3(b) below, if the Securities Intermediary and Collateral Agent have not received notice of a Termination Event, all payments received by the Collateral Agent or the Securities Intermediary of (1) the principal amount with respect to the Pledged Senior Notes or security entitlement with respect thereto (2) the principal amount with respect to the Pledged Treasury Portfolio Interest or security entitlement with respect thereto or (3) the principal amount with respect to Pledged Treasury Securities or security entitlement with respect thereto, shall be held and invested at the written direction of the Company in Permitted Investments until the Purchase Contract Settlement Date and on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.8 hereof. Any balance remaining in the Collateral Account shall be distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in whose names the Corporate PIES or Treasury PIES are registered at the close of business on the Record Date (as specified in the Purchase Contract Agreement) immediately preceding the date of such distribution in accordance with their respective interests. Upon the request of the Securities Intermediary or the Collateral Agent, as applicable, the Company shall instruct the Securities Intermediary or the Collateral Agent, as applicable, as to the type of Permitted Investments in which any payments made under this Section shall be invested, provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time), the Securities Intermediary or the Collateral Agent, as applicable, shall invest such payments in the Permitted Investments described in clause 6 of the definition of Permitted Investments and identified by the Company in the Account Direction.
Appears in 2 contracts
Samples: Pledge Agreement (Sierra Pacific Resources /Nv/), Pledge Agreement (Sierra Pacific Resources /Nv/)
Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Except Subject to the provisions of Section 5.08 and Section 7.02, and except as provided in clause 3.3(b3.03(b) below, if the Securities Intermediary and Collateral Agent no Termination Event shall have not received notice of a Termination Eventoccurred, all payments received by the Collateral Agent or the Securities Intermediary of (1) the liquidation amount with respect to the Pledged Preferred Securities or security entitlements with respect thereto, (2) the principal amount of Applicable Ownership Interests (as specified in Clause (A) of the definition thereof) of the Treasury Portfolio, (3) the aggregate principal amount with respect to the Pledged Senior [Subordinated] Notes or security entitlement with respect thereto (2) the principal amount with respect to the Pledged Treasury Portfolio Interest or security entitlement entitlements with respect thereto or (34) the principal amount with respect to of Pledged Treasury Securities or security entitlement with respect theretoSecurities, shall be held and invested at the written direction of the Company in Permitted Investments until the Purchase Contract Settlement Date and on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.8 5.07 hereof. Any balance remaining in the Collateral Account shall be distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in whose names the Corporate PIES or Treasury PIES are registered at the close of business on the Record Date (as specified in the Purchase Contract Agreement) immediately preceding the date of such distribution in accordance with their respective interests. Upon the request of the Securities Intermediary or the Collateral Agent, as applicableIntermediary, the Company shall instruct the Securities Intermediary or the Collateral Agent, as applicable, as to the type of Permitted Investments in which any payments made under this Section shall be invested, provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time), the Securities Intermediary or the Collateral Agent, as applicable, shall invest such payments in the Permitted Investments described in clause 6 (6) of the definition of Permitted Investments and identified by the Company in the Account DirectionInvestments.
Appears in 2 contracts
Samples: Pledge Agreement (Cinergy Corp), Pledge Agreement (Cc Funding Trust Ii)
Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Except Subject to the provisions of Section 7.2, and except as provided in clause 3.3(b) below, if the Securities Intermediary and Collateral Agent no Termination Event shall have not received notice of a Termination Eventoccurred, all payments received by the Collateral Agent or the Securities Intermediary of (1) the liquidation amount with respect to the Pledged Preferred Securities or security entitlements thereto, (2) Applicable Ownership Interests (as specified in Clause (A) of the definition thereof) of the Treasury Portfolio, (3) the aggregate principal amount with respect to the Pledged Senior Deferrable Notes or security entitlement with respect entitlements thereto or (24) the principal amount with respect to the of Pledged Treasury Portfolio Interest or security entitlement with respect thereto or (3) the principal amount with respect to Pledged Treasury Securities or security entitlement with respect theretoSecurities, shall be held and invested at the written direction of the Company in Permitted Investments until the Purchase Contract Settlement Date and on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.8 5.7 hereof. Any balance remaining in the Collateral Account shall be distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in whose names the Corporate PIES or Treasury PIES are registered at the close of business on the Record Date (as specified in the Purchase Contract Agreement) immediately preceding the date of such distribution in accordance with their respective interests. Upon the request of the Securities Intermediary or the Collateral Agent, as applicableIntermediary, the Company shall instruct the Securities Intermediary or the Collateral Agent, as applicable, as to the type of Permitted Investments in which any payments made under this Section shall be invested, provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time)in a timely manner, the Securities Intermediary or the Collateral Agent, as applicable, shall invest such payments in the Permitted Investments described in clause 6 5 of the definition of Permitted Investments and identified by the Company in the Account DirectionInvestments.
Appears in 2 contracts
Samples: Pledge Agreement (Vec Trust Ii), Pledge Agreement (Valero Energy Corp/Tx)
Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Except Subject to the provisions of Section 4.06, and except as provided in clause 3.3(bSection 3.03(b) below, if the Securities Intermediary and Collateral Agent no Termination Event shall have not received notice of a Termination Eventoccurred, all principal payments received by the Collateral Agent or the Securities Intermediary in respect of (1i) the principal amount with respect to the Pledged Senior Notes or security entitlement with respect thereto Notes, (2ii) the principal amount with respect to Pledged Applicable Ownership Interests and (iii) the Pledged Treasury Portfolio Interest or security entitlement with respect thereto or (3) the principal amount with respect to Pledged Treasury Securities or security entitlement with respect theretoSecurities, shall be held and invested at the written direction of the Company in Permitted Investments until the Purchase Contract Settlement Date Date, and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.8 4.07 hereof. Any balance remaining in the Collateral Account shall be distributed released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in whose names the Corporate PIES or Treasury PIES are registered at the close of business on the Record Date (as specified in the Purchase Contract Agreement) immediately preceding the date of such distribution in accordance with their respective interests. Upon the request , free and clear of the Securities Intermediary or the Collateral Agent, as applicable, the Pledge created thereby. The Company shall instruct the Securities Intermediary or the Collateral Agent, as applicable, Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested, ; provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time)) on the day such payments are received by the Securities Intermediary, the Collateral Agent shall instruct the Securities Intermediary or the Collateral Agent, as applicable, shall to invest such payments in the Permitted Investments described in clause 6 (vi) of the definition of Permitted Investments. In no event shall the Collateral Agent be liable for the selection of Permitted Investments and identified by or for investment losses incurred thereon. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company in the Account Directionto provide timely written investment direction.
Appears in 2 contracts
Samples: Pledge Agreement (Oneok Inc /New/), Pledge Agreement (Oneok Inc /New/)
Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Except as provided in clause 3.3(b) below, if the Securities Intermediary and Collateral Agent have not received notice of a Termination Event, all payments received by the Collateral Agent or the Securities Intermediary of (1) the principal amount with respect to the Pledged Senior Notes or security entitlement with respect thereto (2) the principal amount with respect to the Pledged Treasury Portfolio Interest or security entitlement with respect thereto or (3) the principal amount with respect to Pledged Treasury Securities or security entitlement with respect thereto, shall be held and invested at the written direction of the Company in Permitted Investments until the Purchase Contract Settlement Date and on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.8 hereof. Any balance remaining in the Collateral Account shall be distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in whose names the Corporate PIES or Treasury PIES are registered at the close of business on the Record Date (as specified in the Purchase Contract Agreement) immediately preceding the date of such distribution in accordance with their respective interests. Upon the request of the Securities Intermediary or the Collateral Agent, as applicable, the Company shall instruct the Securities Intermediary or the Collateral Agent, as applicable, as to the type of Permitted Investments in which any payments made under this Section shall be invested, provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time), the Securities Intermediary or the Collateral Agent, as applicable, shall invest such payments in the Permitted Investments described in clause 6 of the definition of Permitted Investments and identified by the Company in the Account DirectionInvestments.
Appears in 1 contract
Samples: Pledge Agreement (Sierra Pacific Resources Capital Trust Ii)
Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Except Subject to the provisions of Section 7.2, and except as provided in clause 3.3(b) below, if the Securities Intermediary and Collateral Agent no Termination Event shall have not received notice of a Termination Eventoccurred, all payments received by the Collateral Agent or the Securities Intermediary of (1) the liquidation amount with respect to the Pledged Preferred Securities or security entitlements with respect thereto, (2) Applicable Ownership Interests (as specified in Clause (A) of the definition thereof) of the Treasury Portfolio, (3) the aggregate principal amount with respect to the Pledged Senior Deferrable Notes or security entitlement with respect thereto (2) the principal amount with respect to the Pledged Treasury Portfolio Interest or security entitlement entitlements with respect thereto or (34) the principal amount with respect to of Pledged Treasury Securities or security entitlement with respect theretoSecurities, shall be held and invested at the written direction of the Company in Permitted Investments until the Purchase Contract Settlement Date and on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.8 5.7 hereof. Any balance remaining in the Collateral Account shall be distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in whose names the Corporate PIES or Treasury PIES are registered at the close of business on the Record Date (as specified in the Purchase Contract Agreement) immediately preceding the date of such distribution in accordance with their respective interests. Upon the request of the Securities Intermediary or the Collateral Agent, as applicableIntermediary, the Company shall instruct the Securities Intermediary or the Collateral Agent, as applicable, as to the type of Permitted Investments in which any payments made under this Section shall be invested, provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time), the Securities Intermediary or the Collateral Agent, as applicable, shall invest such payments in the Permitted Investments described in clause 6 of the definition of Permitted Investments and identified by the Company in the Account DirectionInvestments.
Appears in 1 contract
Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Except Subject to the provisions of Section 5.08 and Section 7.02 , and except as provided in clause 3.3(bSection 3.03(b) below, if the Securities Intermediary and Collateral Agent no Termination Event shall have not received notice of a Termination Eventoccurred, all payments received by the Collateral Agent or the Securities Intermediary of (1) the liquidation amount with respect to the Pledged Preferred Securities or security entitlements with respect thereto, (2) the Applicable Ownership Interests (as specified in clause (A) of the definition thereof) of the aggregate principal amount of the Treasury Portfolio, (3) the aggregate principal amount with respect to the Pledged Senior Notes or security entitlement with respect thereto (2) the principal amount with respect to the Pledged Treasury Portfolio Interest or security entitlement entitlements with respect thereto or (34) the principal amount with respect to of Pledged Treasury Securities or security entitlement with respect theretoSecurities, shall be held and invested at the written direction of the Company in Permitted Investments until the Purchase Contract Settlement Date and on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.8 5.07 hereof. Any balance remaining in the Collateral Account shall be distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in whose names the Corporate PIES or Treasury PIES are registered at the close of business on the Record Date (as specified in the Purchase Contract Agreement) immediately preceding the date of such distribution in accordance with their respective interests. Upon the request of the Securities Intermediary or the Collateral Agent, as applicable, the The Company shall instruct the Securities Intermediary or the Collateral Agent, as applicable, Agent as to the type of Permitted Investments in which any payments made under this Section shall be invested, provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time), the Securities Intermediary or the Collateral Agent, as applicable, Agent shall invest such payments in the Permitted Investments described in clause 6 (7) of the definition of Permitted Investments and identified by the Company in the Account DirectionInvestments.
Appears in 1 contract
Samples: Pledge Agreement (Cinergy Corp)
Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Except Subject to the provisions of Section 7.2, and except as provided in clause 3.3(b) below, if the Securities Intermediary and Collateral Agent no Termination Event shall have not received notice of a Termination Eventoccurred, all payments received by the Collateral Agent or the Securities Intermediary of (1) the principal liquidation or redemption amount with respect to the Pledged Senior Notes Preferred Securities or security entitlement entitlements with respect thereto thereto, (2) Applicable Ownership Interests (as specified in Clause (A) of the definition thereof) of the Treasury Portfolio, (3) the aggregate principal amount or redemption amount with respect to the Pledged Treasury Portfolio Interest Subordinated Deferrable Notes or security entitlement entitlements with respect thereto or (34) the principal amount with respect to of Pledged Treasury Securities or security entitlement with respect theretoSecurities, shall be held and invested at the written direction of the Company in Permitted Investments until the Purchase Contract Settlement Date and on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.8 5.7 hereof. Any balance remaining in the Collateral Account shall be distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in whose names the Corporate PIES or Treasury PIES are registered at the close of business on the Record Date (as specified in the Purchase Contract Agreement) immediately preceding the date of such distribution in accordance with their respective interests. Upon the request of the Securities Intermediary or the Collateral Agent, as applicableIntermediary, the Company shall instruct the Securities Intermediary or the Collateral Agent, as applicable, as to the type of Permitted Investments in which any payments made under this Section shall be invested, provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time), the Securities Intermediary or the Collateral Agent, as applicable, shall invest such payments in the Permitted Investments described in clause 6 of the definition of Permitted Investments and identified by the Company in the Account DirectionInvestments.
Appears in 1 contract
Samples: Pledge Agreement (CMS Energy Corp)
Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Except Subject to the provisions of Section 7.2, and except as provided in clause 3.3(b) below, if the Securities Intermediary and Collateral Agent no Termination Event shall have not received notice of a Termination Eventoccurred, all payments received by the Collateral Agent or the Securities Intermediary of (1) the liquidation amount with respect to the Pledged Preferred Securities or security entitlements with respect thereto, (2) the Applicable Ownership Interests (as specified in Clause (A) of the definition thereof) of the Treasury Portfolio, (3) the aggregate principal amount with respect to the Pledged Senior Subordinated Notes or security entitlement with respect thereto (2) the principal amount with respect to the Pledged Treasury Portfolio Interest or security entitlement entitlements with respect thereto or (34) the principal amount with respect to of Pledged Treasury Securities or security entitlement entitlements with respect thereto, shall be held and invested at the written direction of the Company in Permitted Investments until the Purchase Contract Settlement Date and on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.8 5.7 hereof. Any balance remaining in the Collateral Account shall be distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in whose names the Corporate PIES or Treasury PIES are registered at the close of business on the Record Date (as specified in the Purchase Contract Agreement) immediately preceding the date of such distribution in accordance with their respective interests. Upon the request of the Securities Intermediary or the Collateral Agent, as applicableIntermediary, the Company shall instruct the Securities Intermediary or the Collateral Agent, as applicable, as to the type of Permitted Investments in which any payments made under this Section shall be invested, provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time), the Securities Intermediary or the Collateral Agent, as applicable, shall invest such payments in the Permitted Investments described in clause 6 of the definition of Permitted Investments and identified by the Company in the Account DirectionInvestments.
Appears in 1 contract
Samples: Pledge Agreement (PPL Corp)
Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Except Subject to the provisions of Section 5.07, and except as provided in clause 3.3(b3.03(b) below, if the Securities Intermediary and Collateral Agent no Termination Event shall have not received notice of a Termination Eventoccurred, all payments received by the Collateral Agent or the Securities Intermediary of (1) the aggregate principal amount with respect to the Pledged Senior [Subordinated] Notes or security entitlement entitlements with respect thereto thereto, (2) the principal amount with respect to of Applicable Ownership Interests (as specified in Clause (A) of the Pledged definition thereof) of the Treasury Portfolio Interest or security entitlement with respect thereto Portfolio, or (3) the principal amount with respect to of Pledged Treasury Securities or security entitlement with respect theretoSecurities, shall be held and invested at the written direction of the Company in Permitted Investments until the Purchase Contract Settlement Date and on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.8 5.06 hereof. Any balance remaining in the Collateral Account shall be distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in whose names the Corporate PIES or Treasury PIES are registered at the close of business on the Record Date (as specified in the Purchase Contract Agreement) immediately preceding the date of such distribution in accordance with their respective interests. Upon the request of the Securities Intermediary or the Collateral Agent, as applicableIntermediary, the Company shall instruct the Securities Intermediary or the Collateral Agent, as applicable, as to the type of Permitted Investments in which any payments made under this Section shall be invested, provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time), the Securities Intermediary or the Collateral Agent, as applicable, shall invest such payments in the Permitted Investments described in clause 6 (6) of the definition of Permitted Investments and identified by the Company in the Account DirectionInvestments.
Appears in 1 contract
Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Except as provided in clause 3.3(b) below, if the Securities Intermediary and Collateral Agent have not received notice of a Termination Event, all payments received by the Collateral Agent or the Securities Intermediary of (1) the principal amount with respect to the Pledged Senior Notes or security entitlement with respect thereto (2) the principal amount with respect to the Pledged Treasury Portfolio Interest or security entitlement with respect thereto or (3) the principal amount with respect to Pledged Treasury Securities or security entitlement with respect thereto, shall be held and invested at the written direction of the Company in Permitted Investments until the Purchase Contract Settlement Date and on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.8 hereof. Any balance remaining in the Collateral Account shall be distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in whose names the Corporate PIES or Treasury PIES are registered at the close of business on the Record Date (as specified in the Purchase Contract Agreement) immediately preceding the date of such distribution in accordance with their respective interests. Upon the request of the Securities Intermediary or the Collateral Agent, as applicable, the Company shall instruct the Securities Intermediary or the Collateral Agent, as applicable, as to the type of Permitted Investments in which any payments made under this Section shall be invested, providedPROVIDED, howeverHOWEVER, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time), the Securities Intermediary or the Collateral Agent, as applicable, shall invest such payments in the Permitted Investments described in clause 6 of the definition of Permitted Investments and identified by the Company in the Account Direction...
Appears in 1 contract