Common use of Prior Payment to Senior Debt upon Acceleration of Debentures Clause in Contracts

Prior Payment to Senior Debt upon Acceleration of Debentures. In the event that any Debentures are declared due and payable before their Stated Maturity, then and in such event the holders of Senior Debt shall be entitled to receive payment in full of all amounts due or to become due on or in respect of all Senior Debt or provision shall be made for such payment in cash, before the Holders of the Debentures are entitled to receive any payment (including any payment which may be payable by reason of the payment of any other indebtedness of the Company being subordinated to the payment of the Debentures) by the Company on account of the principal of, premium, if any, or interest on the Debentures or on account of the purchase or other acquisition of Debentures. In the event that, notwithstanding the foregoing, the Company shall make any payment to the Trustee or the Holder of any Debenture prohibited by the foregoing provisions of this Section, and if such fact shall, at or prior to the time of such payment, have been made known to the Trustee or, as the case may be, such Holder, then and in such event such payment shall be paid over and delivered forthwith to the Company. The provisions of this Section shall not apply to any payment with respect to which Section 902 hereof would be applicable.

Appears in 2 contracts

Samples: First Supplemental Indenture (Capstone Capital Corp), First Supplemental Indenture (Healthcare Realty Trust Inc)

AutoNDA by SimpleDocs

Prior Payment to Senior Debt upon Acceleration of Debentures. In the event that any Debentures are declared due and payable before their Stated Maturity, then and in such event the holders of the Senior Debt outstanding at the time such Debentures so become due and payable shall be entitled to receive payment in full of all amounts due or to become due on or in respect of all such Senior Debt (including any amounts due upon acceleration), or provision shall be made for such payment in cashcash or cash equivalents or otherwise in a manner satisfactory to the holders of Senior Debt, before the Holders of the Debentures are entitled to receive any payment or distribution of any kind or character, whether in cash, properties or securities (including any payment which may be payable by reason of the payment of any other indebtedness of the Company being subordinated to the payment of the DebenturesJunior Subordinated Payment) by the Company on account of the principal of, premium, if any, or interest (including any Additional Interest) on the Debentures or on account of the purchase or other acquisition of DebenturesDebentures by the Company or any Subsidiary. In the event that, notwithstanding the foregoing, the Company shall make any payment to the Trustee or the Holder of any Debenture prohibited by the foregoing provisions of this SectionSection 13.3, and if such fact shall, at or prior to the time of such payment, have been made known to the Trustee or, as the case may be, such Holder, then and in such event such payment shall be paid over and delivered forthwith to the Company. The provisions of this Section 13.3 shall not apply to any payment with respect to which Section 902 hereof 13.2 would be applicable.

Appears in 1 contract

Samples: Indenture (Txi Capital Trust I)

AutoNDA by SimpleDocs

Prior Payment to Senior Debt upon Acceleration of Debentures. In the event that any Debentures are declared due and payable before their Stated Maturity, then and in such event the holders of the Senior Debt outstanding at the time such Debentures so become due and payable shall to the extent required under the terms of such Senior Debt be entitled to receive payment in full of all amounts due or to become due on or in respect of all such Senior Debt Debt, or provision shall be made for such payment in cashcash or cash equivalents or otherwise in a manner satisfactory to the holders of Senior Debt, before the Holders of the Debentures are entitled to receive any payment or distribution of any kind or character, whether in cash, properties or securities (including any payment which may be payable by reason of the payment of any other indebtedness of the Company being subordinated to the payment of the DebenturesJunior Subordinated Payment) by the Company on account of the principal of, premium, if any, of or interest (including any Additional Interest) on the Debentures or on account of the purchase or other acquisition of DebenturesDebentures by the Company or any Subsidiary. In the event that, notwithstanding the foregoing, the Company shall make any payment to the Trustee or the Holder of any Debenture prohibited by the foregoing provisions of this Section, and if such fact shall, at or prior to the time of such payment, have been made known to the Trustee or, as the case may be, such Holder, then and in such event such payment shall be paid over and delivered forthwith to the Company. The provisions of this Section shall not apply to any payment with respect to which Section 902 hereof 1102 would be applicable.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Vib Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!