Common use of REPAYMENT AND PAYMENT OF OTHER AMOUNTS PAYABLE Clause in Contracts

REPAYMENT AND PAYMENT OF OTHER AMOUNTS PAYABLE. (a) The Borrower covenants and agrees to pay to the Trustee as a Repayment Installment on the loan to the Borrower pursuant to Section 4.1 hereof, on each date provided in or pursuant to the Indenture for the payment of principal (whether at maturity or upon redemption or acceleration) of, premium, if any, and/or interest on the Bonds, until the principal of, premium, if any, and interest on the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, for deposit in the Bond Fund, a sum equal to the amount then payable as principal (whether at maturity or upon redemption or acceleration), premium, if any, and interest upon the Bonds as provided in the Indenture. Each payment required to be made pursuant to this Section 4.2(a) shall at all times be sufficient to pay the total amount of interest and principal (whether at maturity or upon redemption or acceleration) and premium, if any, then payable on the Bonds; provided that any amount held by the Trustee in the Bond Fund on any due date for a Repayment Installment hereunder shall be credited against the installment due on such date to the extent available for such purpose; and provided further that, subject to the provisions of this paragraph, if at any time the amounts held by the Trustee in the Bond Fund are sufficient to pay all of the principal of and interest and premium, if any, on the Bonds as such payments become due, the Borrower shall be relieved of any obligation to make any further payments under the provisions of this Section. Notwithstanding the foregoing, if on any date the amount held by the Trustee in the Bond Fund is insufficient to make any required payments of principal of (whether at maturity or upon redemption or acceleration) and interest and premium, if any, on the Bonds as such payments become due, the Borrower shall forthwith pay such deficiency as a Repayment Installment hereunder. The obligation of the Borrower to make any payment under this Section 4.2(a) with respect to the Bonds shall be deemed to have been satisfied to the extent of any corresponding payment by the Credit Provider under the Credit Facility, if any, for such Bonds.

Appears in 2 contracts

Samples: Loan Agreement (San Diego Gas & Electric Co), Loan Agreement (San Diego Gas & Electric Co)

AutoNDA by SimpleDocs

REPAYMENT AND PAYMENT OF OTHER AMOUNTS PAYABLE. (a) The On or before each Bond Payment Date, until the principal or Purchase Price of and, premium, if any, and interest on, the Bonds shall have been fully paid or provision for such payment shall have been made as provided in the Indenture, the Borrower covenants and agrees to pay to the Trustee as a Repayment Installment repayment on the loan made to the Borrower from Bond proceeds pursuant to Section 4.1 hereof, on each date provided in or pursuant a sum equal to the Indenture for the payment of principal (whether at maturity or upon redemption or acceleration) of, premium, if any, and/or interest amount payable on the Bonds, until the next Bond Payment Date as principal of, or Purchase Price of and premium, if any, and interest on the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indentureon, in immediately available funds, for deposit in the Bond Fund, a sum equal to the amount then payable as principal (whether at maturity or upon redemption or acceleration), premium, if any, and interest upon the Bonds as provided in the IndentureIndenture (“Loan Repayments”). Such Loan Repayments shall be made in federal funds or other funds immediately available at the Corporate Trust Office of the Trustee. Each payment required to be made pursuant to this Section 4.2(a) Loan Repayment shall at all times be sufficient to pay the total amount of interest and principal (whether at maturity or upon redemption or acceleration) and premium, if any, then becoming due and payable on the BondsBonds on each Bond Payment Date; provided that once per year, on the third Business Day following the Bond Payment Date of each April, any amount held by the Trustee in the Bond Revenue Fund on any the due date for a Loan Repayment Installment hereunder shall be credited against the installment due on such date the next Bond Payment Date to the extent available for such purposepurpose under the terms of the Indenture; and provided further that, subject to the provisions of this paragraph, that if at any time the amounts held by the Trustee in the Bond Revenue Fund are sufficient to pay all of the principal of and interest and premium, if any, on the Bonds as such payments become due, the Borrower shall be relieved of any obligation to make any further payments under the provisions of this Section. Notwithstanding the foregoing, if on any date the amount held by the Trustee in the Bond Revenue Fund is insufficient to make any required payments of principal of (whether at maturity or upon redemption (including without limitation sinking fund redemption) or acceleration) and interest and premium, if any, on the Bonds as such payments become due, the Borrower shall forthwith pay such deficiency as a Loan Repayment Installment hereunder. The obligation of the Borrower to make any payment under this Section 4.2(a) with respect to the Bonds Loan Repayment shall be deemed to have been satisfied to the extent of any corresponding payment made by a Bank to the Trustee pursuant to a Letter of Credit then in effect with respect to the Bonds. The Borrower further covenants that it will make any payments required to be made pursuant to Sections 2.04 and 4.06 of the Indenture at the applicable Purchase Price thereof by 4:00 p.m. New York City time; provided, however, the obligation to make such payments shall have been deemed satisfied to the extent that such Purchase Price shall have been paid from remarketing proceeds, from a draw under a Letter of Credit or an Alternate Credit Facility or from payment by the Credit Provider under Borrower or the Credit Facility, if any, for such BondsGuarantor pursuant to Section 4.07(A)(2) of the Indenture.

Appears in 1 contract

Samples: Loan Agreement (Navistar International Corp)

REPAYMENT AND PAYMENT OF OTHER AMOUNTS PAYABLE. (a) The Borrower covenants and agrees to pay to the Trustee as a Repayment Installment on the loan to the Borrower pursuant to Section 4.1 hereof, on each date provided in or pursuant to the Indenture for the payment of principal (whether at maturity or upon redemption or acceleration) of, premium, if any, and/or interest on the Bonds, until the principal of, premium, if any, and interest on the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, for deposit in the Bond Fund, a sum equal to the amount then payable as principal (whether at maturity or upon redemption or acceleration), premium, if any, and interest upon the Bonds as provided in the Indenture. Each payment required to be made pursuant to this Section 4.2(a) shall at all times be sufficient to pay the total amount of interest and principal (whether at maturity or upon redemption or acceleration) and premium, if any, then payable on the Bonds; provided that any amount held by the Trustee in the Bond Fund on any due date for a Repayment Installment hereunder shall be credited against the installment due on such date to the extent available for such purpose; and provided further that, subject to the provisions of this paragraph, if at any time the amounts held by the Trustee in the Bond Fund are sufficient to pay all of the principal of and interest and premium, if any, on the Bonds as such payments become due, the Borrower shall be relieved of any obligation to make any further payments under the provisions of this Section. Notwithstanding the foregoing, if on any date the amount held by the Trustee in the Bond Fund is insufficient to make any required payments of principal of (whether at maturity or upon redemption or acceleration) and interest and premium, if any, on the Bonds as such payments become due, the Borrower shall forthwith pay such deficiency as a Repayment Installment hereunder. The obligation of the Borrower to make any payment under this Section 4.2(a) with respect to the Bonds shall be deemed to have been satisfied to the extent of any corresponding payment by the Credit Provider under the Credit Facility, if any, for such Bonds.

Appears in 1 contract

Samples: Loan Agreement (San Diego Gas & Electric Co)

REPAYMENT AND PAYMENT OF OTHER AMOUNTS PAYABLE. (a) The Borrower covenants and agrees to pay to the Trustee On or before each Bond Payment Date (as a Repayment Installment on the loan to the Borrower pursuant to Section 4.1 hereof, on each date provided in or pursuant to the Indenture for the payment of principal (whether at maturity or upon redemption or acceleration) of, premium, if any, and/or interest on the Bondshereinafter defined), until the principal of, premium, if any, and interest on on, the Bonds shall have been fully paid or provision for the such payment thereof shall have been made as provided in accordance with the Indenture, in immediately available funds, for deposit in the Borrower covenants and agrees to pay to the Trustee as a repayment on the loan made to the Borrower from Bond Fundproceeds pursuant to Section 4.1 hereof, a sum equal to the amount then payable on the next Bond Payment Date as principal (whether at maturity or upon redemption or acceleration), of and premium, if any, and interest upon on, the Bonds as provided in the Indenture. Such Loan Repayments shall be made in federal funds or other funds immediately available at the Corporate Trust Office of the Trustee. The term "Bond Payment Date" as used in this Section shall mean any date upon which any amounts payable with respect to the Bonds shall become due, whether upon redemption (including without limitation sinking fund redemption), acceleration, maturity or otherwise. Each payment required to be made pursuant to this Section 4.2(a) shall at all times be sufficient to pay the total amount of interest and principal (whether at maturity or upon redemption or acceleration) and premium, if any, then becoming due and payable on the BondsBonds on each Bond Payment Date; provided that once per year, in June, any amount held by the Trustee in the Bond Revenue Fund on any the due date for a Loan Repayment Installment hereunder shall be credited against the installment due on such date to the extent available for such purposepurpose under the terms of the Indenture; and provided further that, subject to the provisions of this paragraph, if at any time the amounts held by the Trustee in the Bond Revenue Fund are sufficient to pay all of the principal of and interest and premium, if any, on on, the Bonds as such payments become due, the Borrower shall be relieved of any obligation to make any further payments under the provisions of this Section. Notwithstanding the foregoing, if on any date the amount held by the Trustee in the Bond Revenue Fund is insufficient to make any required payments of principal of (whether at maturity or upon redemption (including without limitation sinking fund redemption) or acceleration) and interest and premium, if any, on on, the Bonds as such payments become due, the Borrower shall forthwith pay such deficiency as a Loan Repayment Installment hereunder. The obligation of the Borrower to make any payment under this Section 4.2(a) with respect to the Bonds shall be deemed to have been satisfied to the extent of any corresponding payment made by the Credit Provider Bank to the Trustee under the Credit Facility, if any, for such BondsLetter of Credit.

Appears in 1 contract

Samples: Loan Agreement (Kaiser Ventures Inc)

REPAYMENT AND PAYMENT OF OTHER AMOUNTS PAYABLE. (a) The Borrower covenants and agrees to pay to the Trustee as a Repayment Installment on the loan to the Borrower pursuant to Section 4.1 hereof, on On or before each date provided in or pursuant to the Indenture for the payment of principal (whether at maturity or upon redemption or acceleration) of, premium, if any, and/or interest on the BondsBond Payment Date, until the principal of, premium, if any, and interest on on, the Bonds shall have been fully paid or provision for the such payment thereof shall have been made as provided in accordance with the Indenture, in immediately available funds, for deposit in the Borrower covenants and agrees to pay to the Trustee as a repayment on the loan made to the Borrower from Bond Fundproceeds pursuant to Section 4.1 hereof, a sum equal to the amount then payable on the next Bond Payment Date as principal of (whether at maturity upon maturity, redemption, acceleration or upon redemption or acceleration), otherwise) and premium, if any, and interest upon on, the Bonds as provided in the IndentureIndenture (“Loan Repayments”). Such Loan Repayments shall be made in federal funds or other funds immediately available at the Corporate Trust Office of the Trustee. Each payment required to be made pursuant to this Section 4.2(a) Loan Repayment shall at all times be sufficient to pay the total amount of interest and principal (whether at maturity or maturity, upon redemption or accelerationacceleration or otherwise) and premium, if any, then becoming due and payable on the BondsBonds on each Bond Payment Date; provided that once per year, on the third Business Day following the Bond Payment Date of each November, any amount held by the Trustee in the Bond Revenue Fund on any the due date for a Loan Repayment Installment hereunder shall be credited against the installment due on such date the next Bond Payment Date to the extent available for such purposepurpose under the terms of the Indenture; and provided further that, subject to the provisions of this paragraph, that if at any time the amounts held by the Trustee in the Bond Revenue Fund are sufficient to pay all of the principal of and interest and premium, if any, on on, the Bonds as such payments become due, the Borrower shall be relieved of any obligation to make any further payments under the provisions of this Section. Notwithstanding the foregoing, if on any date the amount held by the Trustee in the Bond Revenue Fund is insufficient to make any required payments of principal of (whether at maturity or maturity, upon redemption (including without limitation sinking fund redemption) or accelerationacceleration or otherwise) and interest and premium, if any, on on, the Bonds as such payments become due, the Borrower shall forthwith pay such deficiency as a Loan Repayment Installment hereunder. The obligation of the Borrower to make any payment under this Section 4.2(a) with respect to the Bonds shall be deemed to have been satisfied to the extent of any corresponding payment by the Credit Provider under the Credit Facility, if any, for such Bonds.

Appears in 1 contract

Samples: Loan Agreement (SJW Group)

AutoNDA by SimpleDocs

REPAYMENT AND PAYMENT OF OTHER AMOUNTS PAYABLE. (a) The Borrower covenants and agrees On or before one Business Day prior to pay to the Trustee each Bond Payment Date (as a Repayment Installment on the loan to the Borrower pursuant to Section 4.1 hereof, on each date provided in or pursuant to the Indenture for the payment of principal (whether at maturity or upon redemption or acceleration) of, premium, if any, and/or interest on the Bondshereinafter defined), until the principal of, premium, if any, and interest on on, the Bonds shall have been fully paid or provision for the such payment thereof shall have been made as provided in accordance with the Indenture, in immediately available funds, for deposit in the Borrower covenants and agrees to pay to the Trustee as a repayment on the loan made to the Borrower from Bond Fundproceeds pursuant to Section 4.1 hereof, a sum equal to the amount then payable on the next Bond Payment Date as principal (whether at maturity or upon redemption or acceleration), of and premium, if any, and interest upon on, the Bonds as provided in the Indenture. Such Loan Repayments shall be made in federal funds or other funds immediately available at the Corporate Trust Office of the Trustee. The term "Bond Payment Date" as used in this Section shall mean any date upon which any amounts payable with respect to the Bonds shall become due, whether upon redemption (including without limitation sinking fund redemption), acceleration, maturity or otherwise. Each payment required to be made pursuant to this Section 4.2(a) shall at all times be sufficient to pay the total amount of interest and principal (whether at maturity or upon redemption or acceleration) and premium, if any, then becoming due and payable on the BondsBonds on each Bond Payment Date; provided that on the Business Day prior to each Bond Payment Date, any amount held by the Trustee in the Bond Revenue Fund on any the due date for a Loan Repayment Installment hereunder shall be credited against the installment due on such date to the extent available for such purposepurpose under the terms of the Indenture; and provided further that, subject to the provisions of this paragraph, if at any time the amounts held by the Trustee in the Bond Revenue Fund are sufficient to pay all of the principal of and interest and premium, if any, on on, the Bonds as such payments become due, the Borrower shall be relieved of any obligation to make any further payments under the provisions of this Section. Notwithstanding the foregoing, if on any date the amount held by the Trustee in the Bond Revenue Fund is insufficient to make any required payments of principal of (whether at maturity or upon redemption (including without limitation sinking fund redemption) or acceleration) and interest and premium, if any, on on, the Bonds as such payments become due, the Borrower shall forthwith pay such deficiency as a Loan Repayment Installment hereunder. The obligation of the Borrower to make any payment under this Section 4.2(a) with respect to the Bonds shall be deemed to have been satisfied to the extent of any corresponding payment made by the Credit Provider Bank to the Trustee under the Credit Facility, if any, for such BondsLetter of Credit.

Appears in 1 contract

Samples: Loan Agreement (Waste Connections Inc/De)

REPAYMENT AND PAYMENT OF OTHER AMOUNTS PAYABLE. (a) The Borrower covenants and agrees to pay to the Trustee as a Repayment Installment on the loan to the Borrower pursuant to Section 4.1 hereof, on each date provided in or pursuant to the Indenture for the payment of principal (whether at maturity or upon redemption or acceleration) of, premium, if any, and/or interest on the Bonds, until the principal of, premium, if any, and interest on the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, for deposit in the Bond Fund, a sum equal to the amount then payable as principal (whether at maturity or upon redemption or acceleration), premium, if any, and interest upon the Bonds as provided in the Indenture. Each payment required to be made pursuant to this Section 4.2(a) shall at all times be sufficient to pay the total amount of interest and principal (whether at maturity or upon redemption or acceleration) and premium, if any, then payable on the Bonds; provided that any amount held by the Trustee in the Bond Fund on any due date for a Repayment Installment hereunder shall be credited against the installment due on such date to the extent available for such purpose; and provided further that, subject to the provisions of this paragraph, if at any time the amounts held by the Trustee in the Bond Fund are sufficient to pay all of the principal of and interest and premium, if any, on the Bonds as such payments become due, the Borrower shall be relieved of any obligation to make any further payments under the provisions of this Section. Notwithstanding the foregoing, if on any date the amount held field by the Trustee in the Bond Fund is insufficient to make any required payments of principal of (whether at maturity or upon redemption or acceleration) and interest and premium, if any, on the Bonds as such payments become due, the Borrower shall forthwith pay such deficiency as a Repayment Installment hereunder. The obligation of the Borrower to make any payment under this Section 4.2(a) with respect to the Bonds shall be deemed to have been satisfied to the extent of any corresponding payment by the Credit Provider under the Credit Facility, if any, for such Bonds; provided, however, that the foregoing provision shall be inapplicable to any payments made by a Bond Insurer under its Bond Insurance and, in such circumstances, the obligation of the Borrower to make any payment under this Section 4.2(a) shall remain outstanding for all purposes, not be satisfied and not be considered paid by the Borrower, and such obligations shall thereafter run to the benefit of the Bond Insurers to the extent of their payments under their Bond Insurance.

Appears in 1 contract

Samples: Loan Agreement (Sempra Energy)

Time is Money Join Law Insider Premium to draft better contracts faster.