Common use of Provision as to Paying Agent Clause in Contracts

Provision as to Paying Agent. (a) If the Company appoints a paying agent other than the Trustee, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall undertake, subject to the provisions of this Section 4.4, (1) that it will hold all sums held by it as such agent for the payment of the principal of or premium, if any, or interest on the Notes whether such sums have been paid to it by the Company (or by any other obligor on the Notes) in trust for the benefit of the holders of the Notes and will notify the Trustee of the receipt of sums to be so held, (2) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the Notes) to make any payment of the principal of or premium, if any, or interest on the Notes when the same shall be due and payable, and (3) that it will at any time during the continuance of any Event of Default specified in Section 8.1, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it. (b) If the Company does not act as its own paying agent, it will, prior to each due date of the principal of or premium, if any, or interest on any Notes, deposit with such paying agent a sum sufficient to pay the principal or premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the holders of Notes entitled to such principal of or premium, if any, or

Appears in 2 contracts

Samples: Indenture (Sholodge Inc), Indenture (Sholodge Inc)

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Provision as to Paying Agent. (a) If the Company appoints shall appoint a paying agent other than the TrusteeTrustee with respect to the Notes, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall undertakeagree with the Trustee, subject to the provisions provision of this Section 4.43.04, (1i) that it will hold all sums held by it as such agent for the payment of the principal of or premium, if anyof, or interest on the Notes (whether such sums have been paid to it by the Company (or by any other obligor on the Notes) in trust for the benefit of the holders of the Notes and will notify the Trustee of the receipt of sums to be so held,Notes; (2ii) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the Notes) to make any payment of the principal of or premium, if any, or interest on the Notes when the same shall be due and payable, ; and (3iii) that it will at any time during the continuance of any Event of Default specified in Section 8.1Default, upon the written request of the Trustee, deliver forthwith pay to the Trustee all sums so held in trust by itit as such paying agent. (b) If the Company does not shall act as its own paying agent, it will, prior to on or before each due date of the principal of or premium, if anyof, or interest on any the Notes, deposit with such paying agent a sum sufficient to pay the principal or premiumset aside, if any, or interest so becoming due, such sum to be held segregate and hold in trust for the benefit of the holders of the Notes entitled a sum sufficient to pay such principal, or interest so becoming due and will notify the Trustee of any failure to take such action and of any failure by the Company (or by any other obligor under the Notes) to make any payment of the principal of of, or premium, if any, orinterest on the Notes when the same shall become due and payable.

Appears in 1 contract

Samples: Indenture (Trenwick Group Inc)

Provision as to Paying Agent. (a) If the Company appoints shall appoint a paying agent other than the TrusteeTrustee with respect to the Securities, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall undertakeagree with the Trustee, subject to the provisions provision of this Section 4.43.04, (1i) that it will hold all sums held by it as such agent for the payment of the principal of or and premium, if any, or interest on the Notes Securities (whether such sums have been paid to it by the Company (or by any other obligor on the NotesSecurities) in trust for the benefit of the holders of the Notes and will notify the Trustee of the receipt of sums to be so held,Securities; (2ii) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the NotesSecurities) to make any payment of the principal of or premium, if any, and premium or interest on the Notes Securities when the same shall be due and payable, ; and (3iii) that it will at any time during the continuance of any Event of Default specified in Section 8.1Default, upon the written request of the Trustee, deliver forthwith pay to the Trustee all sums so held in trust by itit as such paying agent. (b) If the Company does not shall act as its own paying agent, it will, prior to on or before each due date of the principal of or and premium, if any, or interest on any Notesthe Securities, deposit with such paying agent a sum sufficient to pay the principal or premiumset aside, if any, or interest so becoming due, such sum to be held segregate and hold in trust for the benefit of the holders of Notes entitled to such principal of or premium, if any, orthe Securities a sum sufficient to

Appears in 1 contract

Samples: Indenture (Trenwick Capital Trust I)

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Provision as to Paying Agent. (a) If the Company appoints shall appoint a paying agent other than the TrusteeTrustee with respect to the Securities, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall undertakeagree with the Trustee, subject to the provisions provision of this Section 4.43.04, (1) that it will hold all sums held by it as such agent for the payment of the principal of or and premium, if any, or interest on the Notes Securities (whether such sums have been paid to it by the Company (or by any other obligor on the NotesSecurities) in trust for the benefit of the holders of the Notes and will notify the Trustee of the receipt of sums to be so held,Securities; (2) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the NotesSecurities) to make any payment of the principal of and premium or premiuminterest (including Additional Sums and Compounded Interest, if any) and Liquidated Damages, if any, or interest on the Notes Securities when the same shall be due and payable, ; and (3) that it will at any time during the continuance of any Event of Default specified in Section 8.1such failure, upon the written request of the Trustee, deliver forthwith pay to the Trustee all sums so held in trust by itit as such paying agent. (b) If the Company does not shall act as its own paying agent, it will, prior to on or before each due date of the principal of or and premium, if any, or interest on any Notesthe Securities, deposit with such paying agent a sum sufficient to pay the principal or premiumset aside, if any, or interest so becoming due, such sum to be held segregate and hold in trust for the benefit of the holders of Notes entitled the Securities a sum sufficient to pay such principal of principal, premium or premium, if any, orinterest so becoming due and will notify the

Appears in 1 contract

Samples: Indenture (Amcore Capital Trust I)

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