Common use of Redemptions Suspended During Default Clause in Contracts

Redemptions Suspended During Default. Notwithstanding the following provisions of this Article III, neither the Shipowner nor the Indenture Trustee shall redeem any Obligations, except pursuant to Section 3.04 or 3.06 during the continuance of any Indenture Default or event which with the lapse of time could constitute a Payment Default, except that, where the mailing of notice of redemption of any Obligations shall have theretofore been made, the Indenture Trustee shall redeem or cause to be redeemed such Obligations if it shall have received a sum sufficient for such redemption. Except as aforesaid, any moneys received by the Indenture Trustee for the redemption of Obligations which may not be applied to the redemption thereof shall be held as security for the payment of all the Obligations, and, (i) in case such Indenture Default or such event shall no longer be continuing, such moneys shall thereafter be applied to the redemption of Obligations in accordance with the applicable provisions of the Obligations and of this Article III, (ii) in the event the Secretary shall have assumed the Obligations pursuant to Section 6.09 or shall have been required to pay the Guarantees, such moneys shall be paid over by the Indenture Trustee to the Secretary or (iii) if no Obligation shall be Outstanding, other than by payment of the Guarantees, such moneys shall be paid to the Shipowner.

Appears in 4 contracts

Samples: Assumption Agreement and Supplement to Trust Indenture (Ambassadors International Inc), Trust Indenture (Pride International Inc), Trust Indenture (Trailer Bridge Inc)

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Redemptions Suspended During Default. Notwithstanding the following provisions of this Article III, neither the Shipowner nor the Indenture Trustee shall redeem any Obligations, except pursuant to Section Sections 3.04 or 3.06 3.05, during the continuance of any Indenture Default or event which with the lapse of time could constitute a Payment Default, except that, where the mailing of notice of redemption of any Obligations shall have theretofore been made, the Indenture Trustee shall redeem or cause to be redeemed such Obligations if it shall have received a sum sufficient for such redemption. Except as aforesaid, any moneys received by the Indenture Trustee for the redemption of Obligations which may not be applied to the redemption thereof shall be held as security for in trust by the payment of all Indenture Trustee and applied in the Obligations, and, following manner: (i1) in case such Indenture Default or such event shall no longer be continuing, such moneys shall thereafter be applied to the redemption of Obligations in accordance with the applicable provisions of the Obligations and of this Article III, ; (ii2) in the event the Secretary shall have assumed the Obligations pursuant to Section 6.09 or shall have been required to pay the Guarantees, such moneys shall be paid over by the Indenture Trustee to the Secretary Secretary; or (iii3) if no Obligation shall be Outstanding, other than by payment of and the Secretary shall not have been required to pay the Guarantees, such moneys shall be paid to the Shipowner.

Appears in 3 contracts

Samples: Trust Indenture (American Classic Voyages Co), Trust Indenture (American Classic Voyages Co), Trust Indenture (American Classic Voyages Co)

Redemptions Suspended During Default. Notwithstanding the following provisions of this Article III, neither the Shipowner nor the Indenture Trustee shall redeem any Obligations, except pursuant to Section Sections 3.04 or 3.06 3.05, during the continuance of any Indenture Default or event which with the lapse of time could constitute a Payment Default, except that, where the mailing of notice of redemption of any Obligations shall have theretofore been made, the Indenture Trustee shall redeem or cause to be redeemed such Obligations if it shall have received a sum sufficient for such redemption. Except as aforesaid, any moneys received by the Indenture Trustee for the redemption of Obligations which may not be applied to the redemption thereof shall be held as security for in trust by the payment of all Indenture Trustee and applied in the Obligations, and, following manner: (i1) in case such Indenture Default or such event shall no longer be continuing, such moneys shall thereafter be applied to the redemption of Obligations in accordance with the applicable provisions of the Obligations and of this Article III, (ii2) in the event the Secretary shall have assumed the Obligations pursuant to Section 6.09 or shall have been required to pay the Guarantees, such moneys shall be paid over by the Indenture Trustee to the Secretary or (iii3) if no Obligation shall be Outstanding, other than by payment of and the Secretary shall not have been required to pay the Guarantees, such moneys shall be paid to the Shipowner.

Appears in 1 contract

Samples: Trust Indenture (Ensco International Inc)

Redemptions Suspended During Default. Notwithstanding the following provisions of this Article III, neither the Shipowner nor the Indenture Trustee shall redeem any Obligations, except pursuant to Section 3.04 or 3.06 3.06, during the continuance of any Indenture Default or event which with the lapse of time could constitute a Payment Default, except that, where the mailing of notice of redemption of any Obligations shall have theretofore been made, the Indenture Trustee shall redeem or cause to be redeemed such Obligations if it shall have received a sum sufficient for such redemption. Except as aforesaid, any moneys received by the Indenture Trustee for the redemption of Obligations which may not be applied to the redemption thereof shall be held as security for in trust by the payment of all Indenture Trustee and applied in the Obligations, and, following manner: (i1) in case such Indenture Default or such event shall no longer be continuing, such moneys shall thereafter be applied to the redemption of Obligations in accordance with the applicable provisions of the Obligations and of this Article III, (ii2) in the event the Secretary shall have assumed the Obligations pursuant to Section 6.09 or shall have been required to pay the Guarantees, such moneys shall be paid over by the Indenture Trustee to the Secretary or (iii3) if no Obligation shall be Outstanding, other than by payment of and the Secretary shall not have been required to pay the Guarantees, such moneys shall be paid to the Shipowner.

Appears in 1 contract

Samples: Trust Indenture (Chiles Offshore Inc/New/)

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Redemptions Suspended During Default. Notwithstanding the following provisions of this Article III, neither the Shipowner nor the Indenture Trustee shall redeem any Obligations, except pursuant to Section Sections 3.04 or 3.06 3.05, during the continuance of any Indenture Default or event which with the lapse of time could constitute a Payment Default, except that, where the mailing of notice of redemption of any Obligations shall have theretofore been made, the Indenture Trustee shall redeem or cause to be redeemed such Obligations if it shall have received a sum sufficient for such redemption. Except as aforesaid, any moneys received by the Indenture Trustee for the redemption of Obligations which may not be applied to the redemption thereof shall be held as security for in trust by the payment of all Indenture Trustee and applied in the Obligations, and, following manner: (i1) in case such Indenture Default or such event shall no longer be continuing, such moneys shall thereafter be applied to the redemption of Obligations in accordance with the applicable provisions of the Obligations and of this Article III, (ii2) in the event the Secretary shall have assumed the Obligations pursuant to Section 6.09 or shall have been required to pay paid the amounts due under the Guarantees, such moneys shall be paid over by the Indenture Trustee to the Secretary Secretary, or (iii3) if no Obligation shall be Outstanding, other than by payment of and the Secretary shall not have been required to pay the Guarantees, such moneys shall be paid to the Shipowner.

Appears in 1 contract

Samples: Trust Indenture (Cal Dive International Inc)

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