Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securities, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to: (i) its eligibility under Section 6.10 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect; (ii) the character and amount of any advances (and if the Trustee elects to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% of the principal of the Securities of such series outstanding on the date of such report; (iii) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship; (iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report; (v) any additional issue of Securities of such series which the Trustee has not previously reported; and (vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee has not previously reported and which in the Trustee's opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11. (b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time. (c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof. (d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchange.
Appears in 7 contracts
Samples: Indenture (Exelon Corp), Indenture (Metromedia Fiber Network Inc), Indenture (McKesson Corp)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securities, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:
(i) its eligibility under Section 6.10 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% of the principal of the Securities of such series outstanding on the date of such report;
(iii) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship;
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee has not previously reported and which in the Trustee's ’s opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchange.
Appears in 5 contracts
Samples: Indenture (Weyerhaeuser Co), Indenture (Plum Creek Timber Co Inc), Indenture (Plum Creek Timber Co Inc)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July August 15 in each year thereafterfollowing the date hereof, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding SecuritiesSeries, as hereinafter in this Section provided, a brief report dated as of the preceding May June 15 with respect to:
(i) its eligibility under Section 6.10 6.09 and its qualification under Section 6.9, 6.08 or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) , which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesany Series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such series outstanding any Series Outstanding on the date of such report;
(iii) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer and Parent (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b)(2), (3), (4) or (6);
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue Series of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each seriessuch Series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has not yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series Series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding Series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all registered Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon the Security register of the Issuer and to such Holders of Unregistered Securities register as have, within the two years preceding such notice, filed their names and addresses with the Trustee for that purpose, and, except in the case of a date not more than 15 days prior reports pursuant to subsection (b) of this Section 4.04, to all Holders whose names and addresses appear in the mailing thereofinformation preserved at the time of such notice by the Trustee in accordance with the provisions of Section 4.02(a).
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series any applicable Series are listed and also with the Commission. The Issuer agrees to notify the Trustee with respect to any Series when and as the Securities of any series such Series become listed admitted to trading on any national securities exchange.
Appears in 4 contracts
Samples: Indenture (Whirlpool Corp /De/), Indenture (Whirlpool Emea Finance S.A R.L.), Indenture (Whirlpool Corp /De/)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after the earliest date of issuance of any Securities and on or before July May 15 in each year thereafterfollowing the date of original execution of this Indenture, so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiessuch series, as hereinafter in this Section provided, a brief report report, dated as of a date convenient to the preceding May 15 Trustee no more than 60 days prior thereto, with respect to:to any of the following events which may have occurred within the previous twelve months (but if no such event has occurred within such period, no report need be transmitted):
(i) any change to its eligibility under Section 6.10 7.9 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect7.8;
(ii) the creation of or any material change to a relationship specified in Section 310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such series outstanding Outstanding on the date of such report;
(iiiiv) any change to the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 7.13(b)(2), (3), (4) or (6);
(ivv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any additional issue of Securities of such any series which the Trustee has not previously reported; and
(vivii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such any series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.116.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of original execution of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such any series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(1) to all Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon in the Securities register Register;
(2) to such Holders of Securities of any series as have, within two years preceding such transmission, filed their names and addresses with the Trustee for that purpose; and
(3) except in the cases of reports pursuant to subsection (b) of this Section, to each Holder of a date not more than 15 days prior to Security of any series whose name and address are preserved at the mailing thereoftime by the Trustee, as provided in subsection (a) of Section 5.2.
(d) A copy of each such report shall, at the time of such transmission to Securityholdersthe Securityholders of any series, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee promptly when and as the Securities of any series become listed admitted to trading on any national securities exchange.
Appears in 4 contracts
Samples: Indenture (Idacorp Trust Iii), Indenture (Idacorp Trust Iii), Indenture (Idacorp Trust Iii)
Reports by the Trustee. (a) On or before the first about July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities 15, 2001 and on or before July 15 in of each year thereafter, so long as any Securities Notes are Outstanding outstanding hereunder, the Trustee shall transmit by mail to the holders of Notes, as provided below to the Securityholders in subsection (b) of each series of outstanding Securities, as hereinafter in this Section providedSection, a brief report dated as of the preceding May 15 15, with respect to:to any of the following events which may have occurred within the previous 12 months (but if no such event has occurred within such period no report needs to be transmitted):
(i1) any change in its eligibility under Section 6.10 7.09, and its qualification qualifications under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect7.08;
(ii2) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesNotes, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5one-half of 1% of the principal amount of the Securities of such Notes for any series outstanding on the date of such report;
(iii3) any change to the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesNotes) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationshiprelationship arising in any manner described in paragraphs (2), (3), (4), or (6) of subsection (b) of Section 7.13;
(iv4) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v5) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(c);
(6) any additional issue of Securities of such series Notes which the Trustee it has not previously reported; and
(vi7) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesNotes, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.116.04.
(b) The Trustee shall transmit to the Securityholders holders of each Notes of any series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities Notes of such any series on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b), except that the Trustee for each series shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of Notes for such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(1) to all Holders holders of Securities of such seriesNotes, as the names and addresses of such Holders holders appear upon in the Securities register Note Register;
(2) except in the case of reports pursuant to subsection (b) of this Section, to all holders of Notes whose names and addresses are at that time preserved by the Trustee, as of a date not more than 15 days prior to the mailing thereofprovided in 5.02(a).
(d) A copy of each such report shall, at the time of such transmission to Securityholdersholders of Notes, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series Notes are listed and also with the CommissionCommission and the Company. The Issuer Company agrees to promptly notify the Trustee when and as Securities of any series the Notes become listed on any national securities stock exchange.
(e) So long as the Notes are issued in Book-Entry form, all reports described in this Article Five shall be delivered to the Depository, as holder of the Notes.
Appears in 3 contracts
Samples: Indenture (Bank of America Corp /De/), Indenture (Bank of America Corp /De/), Restated Indenture (Bank of America Corp /De/)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securities, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:
(i) its eligibility under Section 6.10 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% of the principal of the Securities of such series outstanding on the date of such report;
(iii) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship;
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee has not previously reported and which in the Trustee's ’s opinion materially affects the Securities of such series, except action in respect of a defaultdefault or Event of Default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchange.
Appears in 3 contracts
Samples: Indenture (Exelon Generation Co LLC), Indenture (Exelon Generation Co LLC), Indenture (Exelon Generation Co LLC)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities June 15, 1983, and on or before July June 15 in each every year thereafter, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding SecuritiesSecurities for which such Trustee is appointed, as hereinafter in this Section 4.04 provided, a brief report dated as of a date convenient to the preceding May 15 Trustee no more than 60 days prior thereto with respect to:
(i1) its eligibility under Section 6.10 6.09, and its qualification under Section 6.96.08, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii2) the character and amount of any advances (and if the Trustee elects to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% of the principal of the Securities of such series outstanding on the date of such report;
(iii) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship;
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee has not previously reported and which in the Trustee's opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since which remain unpaid on the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmittedreport, since the date of this Indenture) and for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of such series Securities, on any property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b)Trustee, except that the Trustee shall not be required (but may elect) to report state such advances if such advances so remaining unpaid at any time aggregate 10not more than 1/2 of 1% or less of the principal amount of the Securities for any series outstanding on the date of such series outstanding at such time, such report to be transmitted within 90 days after such time.report;
(c3) Reports pursuant the amount, interest rate, and maturity date of all other indebtedness owing by the Company (or by any other obligor on the Securities) to this the Trustee in its individual capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section shall be transmitted by mail to all Holders 6.13;
(4) the property and funds, if any, physically in the possession of the Trustee, as such, on the date of such report;
(5) any additional issue of Securities of such series, as which the names and addresses of such Holders appear upon the Securities register as of a date Trustee has not more than 15 days prior to the mailing thereof.previously reported; and
(d6) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed any action taken by the Trustee with each stock exchange upon in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities Securities, except action in respect of such series are listed and also a default, notice of which has been or is to be withheld by it in accordance with the Commission. The Issuer agrees to notify the Trustee when and as Securities provisions of any series become listed on any national securities exchangeSection 5.08.
Appears in 2 contracts
Samples: Indenture (Masco Corp /De/), Indenture (Masco Corp /De/)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after the earliest date January 1 of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereundercommencing with the year ______, the Trustee shall transmit by mail as provided below to the Securityholders Holders of each series of outstanding Securities, as hereinafter provided in subsection (c) of this Section providedSection, a brief report dated as of the preceding May 15 such January 1 with respect to:to any of the following events which may have occurred within the last 12 months (but if no such event has occurred within such period, no report need be transmitted):
(i) any change to its eligibility under Section 6.10 6.9 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect6.8;
(ii) the creation of, or any material change to, a relationship specified in paragraph (i) through (x) of Section 6.8 (c);
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the all Securities of such series outstanding Outstanding on the date of such report;
(iiiiv) the amount, interest rate rate, if any, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b) (2), (3), (4) or (6);
(ivv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vivii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.115.8.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this SectionSection 4.4, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 4.4 (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of all Securities of such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(i) to all Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon the Securities register as registry books of a date not more than 15 days prior the Issuer; and
(ii) to all other Persons to whom such reports are required to be transmitted pursuant to Section 313(c) of the mailing thereofTrust Indenture Act of 1939.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such any applicable series are listed and also with the Commission. The Issuer agrees to promptly notify the Trustee with respect to any series when and as the Securities of any such series become listed admitted to trading on any national securities exchange.
Appears in 2 contracts
Samples: Senior Subordinated Indenture (Belco Oil & Gas Corp), Senior Subordinated Indenture (Belco Oil & Gas Corp)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 in each year thereafterfollowing the date hereof, so long as any Securities are Outstanding outstanding hereunder, the Trustee for each series of Securities shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiessuch series, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:to any of the following events which may have occurred during the twelve months preceding the date of such report (but if no such event has occurred within such period, no report need be transmitted):
(i) any change to its eligibility under Section 6.10 7.9 and its qualification qualifications under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect7.8;
(ii) the creation of or any material change to a relationship specified in Section 310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such any series outstanding Outstanding on the date of such report;
(iiiiv) any change to the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such any series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 7.13(b)(2), (3), (4) or (6);
(ivv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any additional issue issuance of Securities of such any series for which it is Trustee which the Trustee has not previously reported; and
(vivii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such any series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.116.11.
(b) The Trustee for each series of Securities shall transmit to the Securityholders of each such series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such any series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 5.4 shall be transmitted by mail mail:
(i) to all registered Holders of Securities of such seriesRegistered Securities, as the names and addresses of such Holders appear upon in the applicable Securities register Register;
(ii) to such Holders of Securities of any series as have, within two years preceding such transmission, filed their names and addresses with the Trustee for such series for that purpose; and
(iii) except in the cases of reports pursuant to subsection (b) of this Section 5.4, to each Holder of a date not more than 15 days prior to Security of any series whose name and address is preserved at the mailing thereoftime by the Trustee for such series, as provided in subsection (a) of Section 5.2.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersSecurityholders of any series, be furnished to the Issuer and be filed by the Trustee for such series with each stock exchange upon which the Securities of such any series are listed and also with the Commission. The Issuer agrees to notify the Trustee for each series when and as the Securities of any such series become listed admitted to trading on any national securities exchange.
Appears in 2 contracts
Samples: Indenture (Itt Corp /Nv/), Indenture (Itt Corp /Nv/)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after May 15 of each year commencing with the earliest May 15 following the date of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunderthis Indenture, the Trustee shall transmit by mail as provided below to the Securityholders Holders of each series of outstanding Securities, as hereinafter provided in subsection (c) of this Section provided4.4, a brief report dated as of the preceding such May 15 with respect to:to any of the following events which may have occurred within the last 12 months (but if no such event has occurred within such period, no report need be transmitted):
(i) any change to its eligibility under Section 6.10 6.9 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect6.8;
(ii) the creation of, or any material change to, a relationship specified in paragraph (1) through (10) of Section 310(b) of the Trust Indenture Act of 1939;
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the all Securities of such series outstanding Outstanding on the date of such report;
(iiiiv) the amount, interest rate rate, if any, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b);
(ivv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vivii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a defaultDefault, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11Article Five.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this SectionSection 4.4, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 4.4 (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of all Securities of such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(i) to all Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon the Securities register as registry books of a date not more than 15 days prior the Issuer; and
(ii) to all other Persons to whom such reports are required to be transmitted pursuant to Section 313(c) of the mailing thereofTrust Indenture Act of 1939.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such any applicable series are listed and also with the Commission. The Issuer agrees to promptly notify the Trustee with respect to any series when and as the Securities of any such series become listed admitted to trading on any national securities exchange.
Appears in 2 contracts
Samples: Senior Subordinated Indenture (York International Corp /De/), Subordinated Indenture (York International Corp /De/)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after the earliest date January 1 of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereundercommencing with the year 1994, the Trustee shall transmit by mail as provided below to the Securityholders Holders of each series of outstanding Securities, as hereinafter provided in subsection (c) of this Section providedSection, a brief report dated as of the preceding May 15 such January 1 with respect to:to any of the following events which may have occurred within the last 12 months (but if no such event has occurred within such period, no report need be transmitted):
(i) any change to its eligibility under Section 6.10 6.9 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect6.8;
(ii) the creation of, or any material change to, a relationship specified in paragraph (i) through (x) of Section 6.8 (c);
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the all Securities of such series outstanding Outstanding on the date of such report;
(iiiiv) the amount, interest rate rate, if any, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b) (2), (3), (4) or (6);
(ivv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vivii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.115.8.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this SectionSection 4.4, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 4.4 (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of all Securities of such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(i) to all Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon the Securities register as registry books of a date not more than 15 days prior the Issuer; and
(ii) to all other Persons to whom such reports are required to be transmitted pursuant to Section 313(c) of the mailing thereofTrust Indenture Act of 1939.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such any applicable series are listed and also with the Commission. The Issuer agrees to promptly notify the Trustee with respect to any series when and as the Securities of any such series become listed admitted to trading on any national securities exchange.
Appears in 2 contracts
Samples: Senior Subordinated Indenture (Seagull Energy Corp), Senior Indenture (Seagull Energy Corp)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 in each year thereafterfollowing the date hereof, so long as any Securities are Outstanding outstanding hereunder, the Trustee for each series of Securities shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiessuch series, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:to any of the following events which may have occurred during the twelve months preceding the date of such report (but if no such event has occurred within such period, no report need be transmitted):
(i) any change to its eligibility under Section 6.10 7.9 and its qualification qualifications under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect7.8;
(ii) the creation of or any material change to a relationship specified in Section 310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such any series outstanding Outstanding on the date of such report;
(iiiiv) any change to the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such any series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 7.13(b)(2), (3), (4) or (6);
(ivv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any additional issue of Securities of such any series for which it is Trustee which the Trustee has not previously reported; and
(vivii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such any series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.116.11.
(b) The Trustee for each series of Securities shall transmit to the Securityholders of each such series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such any series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(i) to all registered Holders of Securities of such seriesRegistered Securities, as the names and addresses of such Holders appear upon in the applicable Securities register Register;
(ii) to such Holders of Securities of any series as have, within two years preceding such transmission, filed their names and addresses with the Trustee for such series for that purpose; and
(iii) except in the cases of reports pursuant to subsection (b) of this Section 5.4, to each Holder of a date not more than 15 days prior to Security of any series whose name and address is preserved at the mailing thereoftime by the Trustee for such series, as provided in subsection (a) of Section 5.2.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersSecurityholders of any series, be furnished to the Issuer and be filed by the Trustee for such series with each stock exchange upon which the Securities of such any series are listed and also with the Commission. The Issuer agrees to notify the Trustee for each series when and as the Securities of any such series become listed admitted to trading on any national securities exchange.
Appears in 2 contracts
Samples: Indenture (Itt Corp /Nv/), Indenture (Itt Corp /Nv/)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after the earliest date January 1 of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereundercommencing with the year ______, the Trustee shall transmit by mail as provided below to the Securityholders Holders of each series of outstanding Securities, as hereinafter provided in subsection (c) of this Section providedSection, a brief report dated as of the preceding May 15 such January 1 with respect to:to any of the following events which may have occurred within the last 12 months (but if no such event has occurred within such period, no report need be transmitted):
(i) any change to its eligibility under Section 6.10 6.9 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect6.8;
(ii) the creation of, or any material change to, a relationship specified in paragraph (i) through (x) of Section 6.8(c);
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the all Securities of such series outstanding Outstanding on the date of such report;
(iiiiv) the amount, interest rate rate, if any, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b) (2), (3), (4) or (6);
(ivv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vivii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.115.8.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this SectionSection 4.4, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 4.4 (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of all Securities of such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(i) to all Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon the Securities register as registry books of a date not more than 15 days prior to the mailing thereof.Issuer; and
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such any applicable series are listed and also with the Commission. The Issuer agrees to promptly notify the Trustee with respect to any series when and as the Securities of any such series become listed admitted to trading on any national securities exchange.
Appears in 2 contracts
Samples: Senior Indenture (Belco Oil & Gas Corp), Senior Indenture (Belco Oil & Gas Corp)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities 15, 1997 ---------------------- and on or before July 15 in each every year thereafter, thereafter so long as any Securities are Outstanding Notes remain outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding SecuritiesNoteholders and the Company, as hereinafter in this Section 6.04 provided, a brief report dated as of the preceding May 15 with respect to:to any of the following events that may have occurred within the previous twelve months (but if no such event has occurred within such period no report need be transmitted):
(i1) any change to its eligibility and its qualifications under Section 6.10 and its qualification under Section 6.9, 310 of the Trust Indenture Act or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effectSections 8.08 or 8.09 hereof;
(ii2) the character and amount creation of or any advances (and if the Trustee elects material change to so state, the circumstances surrounding the making thereofa relationship specified in Section 310(b)(1) made by the Trustee (as suchthrough Section 310(b)(10) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% of the principal of the Securities of such series outstanding on the date of such reportTrust Indenture Act;
(iii3) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship;
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee has not previously reported and which in the Trustee's opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since that remain unpaid on the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmittedreport, since the date of this Indenture) and for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series Notes, on any property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b)Trustee, except that the Trustee shall not be required (but may elect) to report state such advances if such advances so remaining unpaid at any time aggregate 10% or less not more than one-half of one percent (0.5%) of the principal amount of Securities the Notes outstanding on the date of such series outstanding at report;
(4) any change to the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the Notes) to the Trustee in its individual capacity, on the date of such timereport, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 8.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee, as such, on the date of such report report;
(6) any additional issue of Notes that the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture that it has not previously reported and that in its opinion materially affects the Notes, except action in respect of a default, notice of which has been or is to be transmitted within 90 days after such timewithheld by it in accordance with the provisions of Section 7.08.
(cb) Reports pursuant to this Section 6.04 shall be transmitted by mail to all Holders of Securities of such series, Noteholders as the names and addresses of such Holders Noteholders appear upon the Securities register as of a date not more than 15 days prior to registry books on the mailing thereofCompany.
(dc) A copy of each such report shall, at the time of such transmission to SecurityholdersNoteholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange exchange, if any, upon which the Securities of such series Notes are listed and also with the CommissionSecurities and Exchange Commission and the Company. The Issuer agrees to Company will notify the Trustee when and as Securities of any series the Notes become listed on any national securities stock exchange.
Appears in 1 contract
Samples: Indenture (Emc Corp)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after the earliest date of issuance of any Securities and on or before July May 15 in each year thereafterfollowing the date of original execution of this Indenture, so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiessuch series, as hereinafter in this Section provided, a brief report report, dated as of a date convenient to the preceding May 15 Trustee no more than 60 days prior thereto, with respect to:to any of the following events which may have occurred within the previous twelve months (but if no such event has occurred within such period, no report need be transmitted):
(i) any change to its eligibility under Section 6.10 7.9 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect7.8;
(ii) the creation of or any material change to a relationship specified in Section 310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such series outstanding Outstanding on the date of such report;
(iiiiv) any change to the amount, interest rate and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 7.13(b)(2), (3), (4) or (6);
(ivv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any additional issue of Securities of such any series which the Trustee has not previously reported; and
(vivii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such any series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.116.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of original execution of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such any series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(1) to all Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon in the Securities register Register;
(2) to such Holders of Securities of any series as have, within two years preceding such transmission, filed their names and addresses with the Trustee for that purpose; and
(3) except in the cases of reports pursuant to subsection (b) of this Section, to each Holder of a date not more than 15 days prior to Security of any series whose name and address are preserved at the mailing thereoftime by the Trustee, as provided in subsection (a) of Section 5.2.
(d) A copy of each such report shall, at the time of such transmission to Securityholdersthe Securityholders of any series, be furnished to the Issuer Company and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer Company agrees to notify the Trustee promptly when and as the Securities of any series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Samples: Indenture (Idaho Power Co)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after May 15 of each year commencing with the earliest May 15 following the date of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunderthis Indenture, the Trustee shall transmit by mail as provided below to the Securityholders Holders of each series of outstanding Securities, as hereinafter provided in subsection (c) of this Section provided4.4, a brief report dated as of the preceding such May 15 with respect to:to any of the following events which may have occurred within the last 12 months (but if no such event has occurred within such period, no report need be transmitted):
(i) any change to its eligibility under Section 6.10 6.9 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect6.8;
(ii) the creation of, or any material change to, a relationship specified in paragraph (1) through (10) of Section 310(b) of the Trust Indenture Act of 1939;
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the all Securities of such series outstanding Outstanding on the date of such report;
(iiiiv) the amount, interest rate rate, if any, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13;
(ivv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vivii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a defaultDefault, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11Article Five.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this SectionSection 4.4, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 4.4 (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of all Securities of such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(i) to all Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon the Securities register as registry books of a date not more than 15 days prior the Issuer; and
(ii) to all other Persons to whom such reports are required to be transmitted pursuant to Section 313(c) of the mailing thereofTrust Indenture Act of 1939.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such any applicable series are listed and also with the Commission. The Issuer agrees to promptly notify the Trustee with respect to any series when and as the Securities of any such series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after May 15 of each year commencing with the earliest May 15 following the date of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunderthis Indenture, the Trustee shall transmit by mail as provided below to the Securityholders Holders of each series of outstanding Securities, as hereinafter provided in subsection (c) of this Section provided4.4, a brief report dated as of the preceding such May 15 with respect to:to any of the following events which may have occurred within the last 12 months (but if no such event has occurred within such period, no report need be transmitted):
(i) any change to its eligibility under Section 6.10 6.9 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect6.8;
(ii) the creation of, or any material change to, a relationship specified in paragraph (1) through (10) of Section 3.10(b) of the Trust Indenture Act of 1939;
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the all Securities of such series outstanding Outstanding on the date of such report;
(iiiiv) the amount, interest rate rate, if any, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13;
(ivv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vivii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11Article Five.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this SectionSection 4.4, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 4.4 (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of all Securities of such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchange.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than (a) Within 60 days after the earliest date of issuance of any Securities and on or before July May 15 in each year thereafterfollowing the date of original execution of this Indenture, so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiessuch series, as hereinafter in this Section provided, a brief report report, dated as of a date convenient to the preceding May 15 Trustee no more than 60 days prior thereto, with respect to:to any of the following events which may have occurred within the previous twelve months (but if no such event has occurred within such period, no report need be transmitted):
(i) any change to its eligibility under Section 6.10 7.9 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect7.8;
(ii) the creation of or any material change to a relationship specified in Section 310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such series outstanding Outstanding on the date of such report;
(iiiiv) any change to the amount, interest rate and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 7.13(b)(2), (3), (4) or (6);
(ivv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any additional issue of Securities of such any series which the Trustee has not previously reported; and
(vivii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such any series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.116.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchange.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 in each year thereafterfollowing the date hereof, so long as any Securities are Outstanding outstanding hereunder, the Trustee for each series of Securities shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiessuch series, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:to any of the following events which may have occurred during the twelve months preceding the date of such report (but if no such event has occurred within such period, no report need be transmitted): 59 49
(i) any change to its eligibility under Section 6.10 8.9 and its qualification qualifications under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect8.8;
(ii) the creation of or any material change to a relationship specified in Section 310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such any series outstanding Outstanding on the date of such report;
(iiiiv) any change to the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such any series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 8.13(b)(2), (3), (4) or (6);
(ivv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any additional issue of Securities of such any series for which it is Trustee which the Trustee has not previously reported; and
(vivii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such any series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.117.11.
(b) The Trustee for each series of Securities shall transmit to the Securityholders of each such series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the 60 50 provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such any series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(i) to all registered Holders of Securities of such seriesRegistered Securities, as the names and addresses of such Holders appear upon in the applicable Securities register Register;
(ii) to such Holders of Securities of any series as have, within two years preceding such transmission, held their names and addresses with the Trustee for such series for that purpose; and
(iii) except in the cases of reports pursuant to subsection (b) of this Section 6.4, to each Holder of a date not more than 15 days prior to Security of any series whose name and address is preserved at the mailing thereoftime by the Trustee for such series, as provided in subsection (a) of Section 6.2.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersSecurityholders of any series, be furnished to the Issuer and be filed by the Trustee for such series with each stock exchange upon which the Securities of such any series are listed and also with the Commission. The Issuer agrees to notify the Trustee for each series when and as the Securities of any such series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Samples: Indenture (Itt Corp)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 [December 1] in each year thereafterfollowing the date hereof, so long as any Debt Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Debt Securityholders of each series of outstanding Securitiesseries, as hereinafter in this Section provided, a brief report dated as of a date convenient to the preceding May 15 Trustee no more than 60 nor less than 45 days prior thereto with respect to:
(i) its eligibility under Section 6.10 6.09 and its qualification under Section 6.96.08 or, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Debt Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Debt Securities of such any series outstanding Outstanding on the date of such report;
(iii) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such seriesDebt Securities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b) (2), (3), (4) or (6);
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series securities which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesDebt Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Debt Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Debt Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Debt Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders registered holders of Securities of such seriesDebt Securities, as the names and addresses of such Holders holders appear upon the Securities register as registry books of a date not more than 15 days prior to the mailing thereofIssuer.
(d) A copy of each such report shall, at the time of such transmission to Debt Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Debt Securities of such any applicable series are listed and also with the Commission. The Issuer agrees to notify the Trustee with respect to any series when and as the Debt Securities of any such series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Samples: Trust Indenture (Financial Security Assurance Holdings LTD/Ny/)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securities, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:
(i) its eligibility under Section 6.10 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% of the principal of the Securities of such series outstanding on the date of such report;
(iii) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship;
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee has not previously reported and which in the Trustee's opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchange.
Appears in 1 contract
Samples: Indenture (Exelon Corp)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities May 15, 1999, and on or before July May 15 in each every year thereafter, so long as any Securities Notes are Outstanding outstanding hereunder, the Trustee Trustee, if required to do so by the provisions of the Trust Indenture Act of 1939, shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiesnoteholders, as hereinafter in this Section 5.04 provided, a brief report dated as of March 15 of the preceding May 15 year in which such report is made with respect to:to any of the following events which may have occurred within the previous 12 months (but if no such event has occurred within such period no report need be transmitted):
(i1) any change to its eligibility under Section 6.10 7.09 and its qualification qualifications under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect7.08;
(ii2) the character and amount creation of or any advances material change to a relationship specified in paragraphs (and if the Trustee elects to so state, the circumstances surrounding the making thereof1) made by the Trustee through (as such10) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% of the principal of the Securities of such series outstanding on the date of such reportSection 7.08(c);
(iii3) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship;
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee has not previously reported and which in the Trustee's opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Notes, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state such advances if such advances so remaining unpaid aggregate not more than 0.5% of the principal amount of the Notes outstanding on the date of such report;
(4) the amount, interest rate, and maturity date of all other Indebtedness owing by the Company (or by any other obligor on the Notes) to the Trustee in its individual capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except an Indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) on the date of such report; and
(6) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Notes, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the Securities provisions of such series Section 6.07.
(b) The Trustee shall transmit to the noteholders, as hereinafter provided, a brief report with respect to the description and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (aSection 5.04(a) of this Section (or if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series Notes on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b)subsection, except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series Notes outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 5.04 shall be transmitted by mail (i) to all Holders holders of Securities of such seriesNotes, as the names and addresses of such Holders holders appear upon the Securities register as registry books of a date not more than 15 days prior the Company, (ii) to all noteholders who have, within the mailing thereoftwo years preceding such transmission, filed their names and addresses with the Trustee for that purpose, and (iii) except in the case of reports pursuant to Section 5.04(b), to all holders of Notes whose names and addresses have been furnished to or obtained by the Trustee pursuant to Section 5.01.
(d) A copy of each such report shall, at the time of such transmission to Securityholdersnoteholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange (if any) upon which the Securities of such series Notes are listed or admitted for trading and also with the Commission. The Issuer agrees to Company will notify the Trustee when and as Securities of any series the Notes become listed on any national securities stock exchange.
Appears in 1 contract
Samples: Indenture (Goldendale Aluminum Co)
Reports by the Trustee. (a) On or before the first July 15 which occurs Annually, not less later than 60 days after the earliest date May 15 of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunderyear, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securities, as hereinafter Holders and the Commission a report with respect to events described in this Section provided, a brief report dated as 313(a) of the preceding May 15 with respect to:Trust Indenture Act, in such manner and to the extent revised thereunder.
(i) any change to its eligibility under Section 6.10 6.9 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect6.8;
(ii) the creation of or any material change to a relationship contemplated by Section 6.8;
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such series outstanding Outstanding on the date of such report;
(iiiiv) any change to the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b)(2),(3),(4) or (6);
(ivv) any change to the property and fundsfunds of the Issuer, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any release, or release and substitution of property subject to the lien of the Indenture (and the consideration therefor, if any) which the Trustee has not previously reported;
(vii) any additional issue of Securities of such series which the Trustee has not previously reported; and
(viviii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.,
(b) The Trustee shall transmit to the Securityholders Holders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of such series series, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of the Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.Security Register;
(d) A copy of each such report shall, at the time of such transmission to Securityholdersthe Holders, be furnished to the Issuer and be filed by the Trustee with each stock exchange exchange, if any, upon which the Securities of such any series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as the Securities of any such series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 ______ in each year thereafterfollowing the date hereof, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding SecuritiesSeries, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:
(i) its eligibility under Section 6.10 6.9 and its qualification under Section 6.96.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) , which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesany Series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% 1/2 of l% of the principal amount of the Securities of such series outstanding any Series Outstanding on the date of such report;
(iii) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b)(2),(3),(4) or (6);
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each seriesSeries, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series Series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding Series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all registered Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon the registry book of the Company and to such Holders of Unregistered Securities register as have, within the two years preceding such notice, filed their names and addresses with the Trustee for that purpose, and, except in the case of a date not more than 15 days prior reports pursuant to subsection (b) of this Section 4.4, to all Holders whose names and addresses appear in the mailing thereofinformation preserved at the time of such notice by the Trustee in accordance with the provisions of Section 4.2(a).
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer Company and be filed by the Trustee with each stock exchange upon which the Securities of such series any applicable Series are listed and also with the Commission. The Issuer Company agrees to notify the Trustee with respect to any Series when and as the Securities of any series such Series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities 15, and on or before July 15 in of each year thereafter, so long as any Securities of any series are Outstanding hereunder, the Trustee shall transmit by mail to the Holders of Securities of such series, as provided below to the Securityholders in subsection (c) of each series of outstanding Securities, as hereinafter in this Section providedSection, a brief report (if required by Section 313(a) of the Trust Indenture Act of 1939) dated as of the preceding May 15 15, with respect to:
(i1) its eligibility under Section 6.10 7.09, and its qualification qualifications under Section 6.97.08, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii2) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% one-half of one percent of the principal amount of the Securities of such for any series outstanding on the date of such report;
(iii3) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationshiprelationship arising in any manner described in paragraphs (2), (3), (4), or (6) of subsection (b) of Section 7.13;
(iv4) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v5) any additional issue of Securities of such series which the Trustee it has not previously reported; and
(vi6) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.116.07.
(b) The Trustee shall transmit to the Securityholders Holders of each seriesSecurities, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such any series on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b), except that the Trustee for each series shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% ten percent or less of the principal amount of Securities of for such series outstanding at such time, such report to be transmitted within 90 ninety days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(i) to all Holders of Securities of such seriesRegistered Securities, as the names and addresses of such Holders appear upon the Security Register;
(ii) to such other Holders of Securities register as have, within two years preceding such transmission, filed their names and addresses with the Trustee for that purpose; and
(iii) to each Holder of a date not more than 15 days prior to Security whose name and address are preserved at the mailing thereoftime by the Trustee as provided in Section 5.02.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders of Securities of a particular series, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Securities and Exchange Commission. The Issuer Company agrees to notify the Trustee when and as the Securities of any series become listed on any national securities stock exchange.
Appears in 1 contract
Samples: Indenture (Aon Corp)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities March 1, 1991, and on or before July 15 March 1 in each every year thereafter, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders Securityholder of each series of outstanding SecuritiesSecurities for which such Trustee is appointed, as hereinafter in this Section 4.04 provided, a brief report dated as of a date convenient to the preceding May 15 Trustee no more than 60 nor less than 45 days prior thereto with respect to:
(i1) its eligibility under Section 6.10 6.09, and its qualification under Section 6.96.08, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii2) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report state such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such for any series outstanding on the date of such report;
(iii3) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationshiprela- tionship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 6.13;
(iv4) the property and funds, if any, physically in the possession of the Trustee (Trustee, as such) in respect of the Securities of such series , on the date of such report;
(v5) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi6) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.115.08.
(b) The Trustee shall transmit to the Securityholders of for each series, series as provided in subsection (c) of this Sectionhereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series ), since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 4.04 (or or, if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b)subsection, except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of for such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 4.04 shall be transmitted by mail to all Holders holders of Securities of such series, as the names and addresses of such Holders holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereofSecurity register.
(d) A copy of each such report shall, shall at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such any applicable series are listed and also with the Securities and Exchange Commission. The Issuer agrees to Company will notify the Trustee when and as the Securities of any series become listed on any national securities stock exchange.
Appears in 1 contract
Samples: Indenture (Phillips Petroleum Co)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securities, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:
(i) its eligibility under Section 6.10 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% of the principal of the Securities of such series outstanding on the date of such report;
(iii) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship;the
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee has not previously reported and which in the Trustee's opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchange.
Appears in 1 contract
Samples: Indenture (Global Crossing LTD)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities 15, 2000, and ---------------------- on or before July 15 in each every year thereafter, so long as any Securities Debentures are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding SecuritiesDebentureholders, as hereinafter in this Section 5.04 provided, a brief report dated as of the preceding May 15 with respect to:
(i1) its eligibility under Section 6.10 7.09, and its qualification under Section 6.97.08, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii2) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesDebentures, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report state such advances if such advances so remaining unpaid aggregate not more than 0.5% one-half of one percent of the principal amount of the Securities of such series Debentures outstanding on the date of such report;
(iii3) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesDebentures) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationshiprelationship arising in any manner described in paragraphs (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(iv4) the property and funds, if any, physically in the possession of the Trustee (Trustee, as such) in respect of the Securities of such series , on the date of such report;
(v5) any additional issue of Securities of such series Debentures which the Trustee has not previously reported; and
(vi6) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesDebentures, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.116.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchange.
Appears in 1 contract
Samples: Indenture (Zenith Electronics Corp)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 in each year thereafterfollowing the date hereof, so long as any Securities are Outstanding outstanding hereunder, the Trustee for each series of Securities shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiessuch series, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:to any of the following events which may have occurred during the twelve months ---------- * This language to be included if debt securities are guaranteed. -34- 42 preceding the date of such report (but if no such event has occurred within such period, no report need be transmitted):
(i) any change to its eligibility under Section 6.10 7.9 and its qualification qualifications under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect7.8;
(ii) the creation of or any material change to a relationship specified in Section 310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such any series outstanding Outstanding on the date of such report;
(iiiiv) any change to the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such any series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 7.13(b)(2), (3), (4) or (6);
(ivv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any additional issue of Securities of such any series for which it is Trustee which the Trustee has not previously reported; and
(vivii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such any series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.116.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchange.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities May 15, 1997, and on or before July May 15 in each every year thereafter, so long as any Securities Notes are Outstanding outstanding hereunder, the Trustee Trustee, if required to do so by the provisions of the Trust Indenture Act of 1939, shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiesnoteholders, as hereinafter in this Section 5.04 provided, a brief report dated as of March 15 of the preceding May 15 year in which such report is made with respect to:to any of the following events which may have occurred within the previous 12 months (but if no such event has occurred within such period no report need be transmitted):
(i1) any change to its eligibility under Section 6.10 7.09 and its qualification qualifications under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect7.08;
(ii2) the creation of or any material change to a relationship specified in paragraphs (1) through (10) of Section 7.08(c);
(3) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesNotes, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report state such advances if such advances so remaining unpaid aggregate not more than 0.5% of the principal amount of the Securities of such series Notes outstanding on the date of such report;
(iii4) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesNotes) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationshiprelationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(iv5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi6) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesNotes, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.116.07.
(b) The Trustee shall transmit to the Securityholders of each seriesnoteholders, as provided in subsection (c) of this Sectionhereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series Notes on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b)subsection, except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series Notes outstanding at such time, such report to be transmitted within 90 ninety days after such time.
(c) Reports pursuant to this Section 5.04 shall be transmitted by mail (i) to all Holders holders of Securities of such seriesNotes, as the names and addresses of such Holders holders appear upon the Securities register as registry books of a date not more than 15 days prior the Company, (ii) to all noteholders who have, within the mailing thereoftwo years preceding such transmission, filed their names and addresses with the Trustee for that purpose, and, (iii) except in the case of reports pursuant to Section 5.04(b), to all holders of Notes whose names and addresses have been furnished to or obtained by the Trustee pursuant to Section 5.01.
(d) A copy of each such report shall, at the time of such transmission to Securityholdersnoteholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange (if any) upon which the Securities of such series Notes are listed or admitted for trading and also with the Commission. The Issuer agrees to Company will notify the Trustee when and as Securities of any series the Notes become listed on any national securities stock exchange.
Appears in 1 contract
Samples: Indenture (Kaiser Aluminum Corp)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities December 1, 1993, and on or before July 15 December 1, in each every year thereafter, so long as any Securities Debentures are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding SecuritiesDebentureholders and the Company, as hereinafter in this Section 6.04 provided, a brief report dated as of the preceding May 15 November 1 with respect to:to any of the following events which may have occurred during the previous 12 months (or shorter period, in the case of the first such report) (but if no such event has occurred within such period, no report need be transmitted):
(i1) any change in its eligibility under Section 6.10 8.09, and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect8.08;
(ii2) the existence of any "conflicting interest" under Section 3.10(b) of the Trust Indenture Act of 1939;
(3) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesDebentures, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report state such advances if such advances so remaining unpaid aggregate not more than 0.5% one-half of one percent of the principal amount of the Securities of such series Debentures outstanding on the date of such report;
(iii4) any change to the amount, interest rate and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesDebentures) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationshiprelationship arising in any manner described in paragraphs (2), (3), (4) or (6) of subsection (b) of Section 8.13;
(iv5) any change to the property and funds, if any, physically in the possession of the Trustee (Trustee, as such) in respect of the Securities of such series , on the date of such report;
(v6) any additional issue of Securities of such series Debentures which the Trustee has not previously reported; and
(vi7) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesDebentures, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.117.08.
(b) The Trustee shall transmit to the Securityholders of each seriesDebentureholders, as provided in subsection (c) of this Sectionhereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series ), since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 6.04 (or or, if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series Debentures on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b)subsection, except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less more than ten percent of the principal amount of Securities of such series Debentures outstanding at such time, such report to be transmitted within 90 ninety days after such time.
(c) Reports pursuant to this Section 6.04 shall be transmitted by mail to all Holders holders of Securities of such series, Debentures as the names and addresses of such Holders holders appear upon the Securities register as registry books of a date not more than 15 days prior to the mailing thereofCompany. The Trustee shall also comply with Sections 313(c)(2) and 313(c)(3) of the Trust Indenture Act of 1939.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersDebentureholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series Debentures are listed and also with the CommissionSecurities and Exchange Commission and the Company. The Issuer agrees to Company will notify the Trustee when and as Securities of any series the Debentures become listed on any national securities stock exchange.
Appears in 1 contract
Samples: Indenture (Schuler Holdings Inc)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and For each Trust, on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunder, Distribution Date the Trustee shall transmit by mail as provided below provide to each Holder, to the Securityholders of each series of outstanding SecuritiesServicer, as hereinafter in this Section providedto the Certificate Insurer, to the Underwriter, to the Depositor, to the Back-Up Servicer and to the Rating Agencies a brief written report dated as of (the preceding May 15 with respect to"Trustee Remittance Report"), setting forth information including, without limitation, the following information:
(i) its eligibility under Section 6.10 and its qualification under Section 6.9, or in lieu thereof, if the amount of the distribution with respect to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effectrelated Class A Certificates;
(ii) the character and amount of such distributions allocable to principal, separately identifying the aggregate amount of any advances (and if the Trustee elects to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date Principal Prepayments or other unscheduled recoveries of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% of the principal of the Securities of such series outstanding on the date of such reportincluded therein;
(iii) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities amount of such series) distributions allocable to interest and the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshipcalculation thereof;
(iv) the property and funds, if any, physically in the possession Certificate Principal Balance of the Trustee (related Class A Certificates as such) in respect of the Securities of such series on Distribution Date, together with the date principal amount of such reportClass A Certificates (based on a Certificate in an original principal amount of $1,000) then outstanding, in each case after giving effect to any payment of principal on such Distribution Date;
(v) the amount of any additional issue Insured Payment included in the amounts distributed to such Class A Certificateholders on such Distribution Date;
(vi) the amount of Securities any Credit Enhancement Distribution Amount withdrawn from the related Reserve Account on such Remittance Date;
(vii) the amount then on deposit in the related Reserve Account together with the related current Required Reserve Account Level (indicating the calculation for each in such report);
(viii) the amounts, if any, of any Liquidated Loan Losses for related Mortgage Loans for the related Due Period;
(ix) the amount, if any, of Reimbursement Amounts for such series which the Trustee has not previously reportedTrust, included in such distribution; and
(vix) during the Pre-Funding Period for such Trust, the aggregate Principal Balance of Subsequent Mortgage Loans purchased by such Trust during the prior Due Period and the amount on deposit in the related Pre-Funding Account as of the end of such Due Period. Items (i), (ii) and (iii) above shall, with respect to the Class A Certificates, be presented on the basis of a Certificate having a $1,000 denomination. In addition, by January 31 of each calendar year following any action taken by year during which the Certificates are outstanding, the Trustee shall furnish a report to each Holder of record if so requested in writing at any time during each calendar year as to the performance aggregate of its duties under this Indenture which amounts reported pursuant to (i), (ii) and (iii) with respect to the Trustee has not previously reported and which in the Trustee's opinion materially affects the Securities of Certificates for such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11calendar year.
(b) The Trustee shall transmit All distributions made to the Securityholders Class A Certificateholders of a Trust on each seriesDistribution Date will be made on a pro rata basis among such Class A Certificateholders on the next preceding Record Date based on the Percentage Interest represented by their respective Certificates, as provided in subsection (c) and shall be made by wire transfer of this Section, a brief report with respect immediately available funds to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities account of such series since Certificateholder at a bank or other entity having appropriate facilities therefor, if such Certificateholder shall own of record Certificates which have denominations aggregating at least $5,000,000 appearing in the date of the last report transmitted pursuant Certificate Register and shall have provided complete wiring instructions at least five Business Days prior to the provisions of subsection (a) of this Section (or if no such report has yet been so transmittedRecord Date, since and otherwise by check mailed to the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities address of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that Certificateholder appearing in the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such timeCertificate Register.
(c) Reports pursuant In addition, for each Trust on each Distribution Date the Trustee will distribute to this Section shall be transmitted by mail each related Holder, to all Holders of Securities of such seriesthe Certificate Insurer, as to the names Underwriter, to the Servicer, to the Depositor, to the Back-Up Servicer and addresses of such Holders appear upon to the Securities register Rating Agencies, together with the information described in subsection (a) preceding, the following information with respect to the Mortgage Loans as of a date not more than 15 days the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below), which is hereby required to be prepared by the Servicer and furnished to the Trustee in computer tape or electronic transmission format for such purpose on or prior to the mailing thereof.related Servicer Distribution Date (The Trustee shall have no duty or obligation with respect to the accuracy of the information contained in such computer tape or electronic transmission):
(di) A copy the total number of each such report shallrelated Mortgage Loans and the aggregate Principal Balances thereof, at together with the time number, aggregate principal balances of such transmission to Securityholders, be furnished Mortgage Loans and the percentage (based on the aggregate Principal Balances of such Mortgage Loans) of the aggregate Principal Balances of such Mortgage Loans to the Issuer aggregate Principal Balance of all related Mortgage Loans (A) 30-59 days Delinquent, (B) 60-89 days Delinquent and be filed by (C) 90 or more days Delinquent;
(ii) the Trustee with each stock exchange upon which number, aggregate Principal Balances of all related Mortgage Loans and percentage (based on the Securities aggregate Principal Balances of such series are listed Mortgage Loans) of the aggregate Principal Balances of such Mortgage Loans to the aggregate Principal Balance of all related Mortgage Loans in foreclosure proceedings and also with the Commission. The Issuer agrees to notify number, aggregate Principal Balances of all related Mortgage Loans and percentage (based on the Trustee when and as Securities aggregate Principal Balances of such Mortgage Loans) of any series become listed such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iii) the number, aggregate Principal Balances of all related Mortgage Loans and percentage (based on the aggregate Principal Balances of such Mortgage Loans) of the aggregate Principal Balances of such Mortgage Loans to the aggregate Principal Balance of all related Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, aggregate Principal Balances of all related Mortgage Loans and percentage (based on the aggregate Principal Balances of such Mortgage Loans) of any national securities exchangesuch Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) the number, aggregate Principal Balances of all related Mortgage Loans and percentage (based on the aggregate Principal Balances of such Mortgage Loans) of the aggregate Principal Balances of such Mortgage Loans to the aggregate Principal Balance of all related Mortgage Loans relating to REO Properties and the number, aggregate Principal Balances of all related Mortgage Loans and percentage (based on the aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(v) the weighted average Mortgage Interest Rate of all related Mortgage Loans as of the Due Date occurring in the Due Period related to such Distribution Date;
(vi) the weighted average remaining term to stated maturity of all related Mortgage Loans;
(vii) the book value of any related REO Property; and
(viii) for all related Mortgage Loans, the three month rolling average of 60+ day delinquencies, the Three Month Average Annualized Default Rate, Liquidated Loan Losses for such Due Period, Cumulative Liquidated Loan Losses, Total Expected Losses and Monthly Excess Cashflow.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Reports by the Trustee. (a) On or before the first July 15 which occurs Annually, not less later than 60 days after the earliest date May 15 of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunderyear, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securities, as hereinafter Holders and the Commission a report with respect to events described in this Section provided, a brief report dated as section 313(a) of the preceding May 15 with respect to:
(i) its eligibility under Section 6.10 Trust Indenture Act, in such manner and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% of the principal of the Securities of such series outstanding on the date of such report;
(iii) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship;
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee has not previously reported and which in the Trustee's opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11extent revised thereunder.
(b) The Trustee shall transmit to the Securityholders Holders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of such series series, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of the Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.Security Register;
(d) A copy of each such report shall, at the time of such transmission to Securityholdersthe Holders, be furnished to the Issuer and be filed by the Trustee with each stock exchange exchange, if any, upon which the Securities of such any series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as the Securities of any such series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Samples: Indenture (CMS Energy Corp)
Reports by the Trustee. (a) On To the extent required by the Trust Indenture Act of 1939, as such act may be amended or before the first July 15 which occurs not less than 60 days restated on or after the earliest date of issuance of any Securities and hereof, on or before July 15 May 1 in each year thereafterfollowing the date hereof, beginning May 1, 1998, so long as any Debt Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Debt Securityholders of each series of outstanding Securitiesseries, as hereinafter in this Section provided, a brief report dated as of a date convenient to the preceding May 15 Trustee no more than 60 nor less than 45 days prior thereto with respect to:
(i) its eligibility under Section 6.10 6.09 and its qualification under Section 6.96.08 or, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Debt Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Debt Securities of such any series outstanding Outstanding on the date of such report;
(iii) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such seriesDebt Securities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b) (2), (3), (4) or (6);
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series securities which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesDebt Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The To the extent required by the Trust Indenture Act of 1939, as such act may be amended or restated on or after the date hereof, the Trustee shall transmit to the Debt Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Debt Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Debt Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders registered holders of Securities of such seriesDebt Securities, as the names and addresses of such Holders holders appear upon the Securities register as registry books of a date not more than 15 days prior to the mailing thereofIssuer.
(d) A copy of each such report shall, at the time of such transmission to Debt Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Debt Securities of such any applicable series are listed and also with the Commission. The Issuer agrees to notify the Trustee with respect to any series when and as the Debt Securities of any such series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Samples: Trust Indenture (Financial Security Assurance Holdings LTD/Ny/)
Reports by the Trustee. (a) On or before the first about July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities 15, 2001 and on or before July 15 in of each year thereafter, so long as any Securities Notes are Outstanding outstanding hereunder, the Trustee shall transmit by mail to the holders of Notes, as provided below to the Securityholders in subsection (b) of each series of outstanding Securities, as hereinafter in this Section providedSection, a brief report dated as of the preceding May 15 15, with respect to:to any of the following events which may have occurred within the previous 12 months (but if no such event has occurred within such period no report needs to be transmitted):
(i1) any change in its eligibility under Section 6.10 7.09, and its qualification qualifications under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect7.08;
(ii2) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of 30 37 the Securities of such seriesNotes, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% one-half of one percent of the principal amount of the Securities of such Notes for any series outstanding on the date of such report;
(iii3) any change to the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesNotes) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationshiprelationship arising in any manner described in paragraphs (2), (3), (4), or (6) of subsection (b) of Section 7.13;
(iv4) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v5) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(c);
(6) any additional issue of Securities of such series Notes which the Trustee it has not previously reported; and
(vi7) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesNotes, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.116.04.
(b) The Trustee shall transmit to the Securityholders holders of each Notes of any series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities Notes of such any series on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b), except that the Trustee for each series shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% ten percent or less of the principal amount of Securities of Notes for such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(1) to all Holders holders of Securities of such seriesNotes, as the names and addresses of such Holders holders appear upon in the Securities register Note Register;
(2) except in the case of reports pursuant to subsection (b) of this Section, to all holders of Notes whose names and addresses are at that time preserved by the Trustee, as of a date not more than 15 days prior to the mailing thereofprovided in 5.02(a).
(d) A copy of each such report shall, at the time of such transmission to Securityholdersholders of Notes, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series Notes are listed and also with the CommissionCommission and the Company. The Issuer Company agrees to promptly notify the Trustee when and as Securities of any series the Notes become listed on any national securities stock exchange.
(e) So long as the Notes are issued in Book-Entry form, all reports shall be delivered to the Depositary, as holder of the Notes.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 14 in each year thereafterfollowing the date hereof, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding SecuritiesSeries, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:to any of the following events which may have occurred within the previous 12 months (but if no such event has occurred within such period no report need be transmitted):
(i) any change in its eligibility under Section 6.10 6.9 and its qualification under Section 6.96.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) , which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesany Series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% 1/2 of l% of the principal amount of the Securities of such series outstanding any Series Outstanding on the date of such report;
(iii) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b)(2),(3),(4) or (6);
(iv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each seriesSeries, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series Series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding Series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all registered Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon the registry book of the Company and to such Holders of Unregistered Securities register as have, within the two years preceding such notice, filed their names and addresses with the Trustee for that purpose, and, except in the case of a date not more than 15 days prior reports pursuant to subsection (b) of this Section 4.4, to all Holders whose names and addresses appear in the mailing thereofinformation preserved at the time of such notice by the Trustee in accordance with the provisions of Section 4.2(a).
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer Company and be filed by the Trustee with each stock exchange upon which the Securities of such series any applicable Series are listed and also with the Commission. The Issuer Company agrees to notify the Trustee with respect to any Series when and as the Securities of any series such Series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 [________] which occurs not less than 60 __ days after the earliest date of issuance of any Securities and on or before July 15 [________] in each year thereafter, so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securities, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 [________] with respect to:
(i) its eligibility under Section 6.10 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5__% of the principal of the Securities of such series outstanding on the date of such report;
(iii) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship;
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee has not previously reported and which in the Trustee's opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10__% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 __ days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 __ days prior to the mailing thereof.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchange.
Appears in 1 contract
Samples: Indenture (C Cor Net Corp)
Reports by the Trustee. (a) On or before the first July 15 which occurs Annually, not less later than 60 days after the earliest date May 15 of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunderyear, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securities, as hereinafter Holders and the Commission a report with respect to events described in this Section provided, a brief report dated as 313(a) of the preceding May 15 with respect to:
(i) its eligibility under Section 6.10 Trust Indenture Act, in such manner and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% of the principal of the Securities of such series outstanding on the date of such report;
(iii) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship;
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee has not previously reported and which in the Trustee's opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11extent revised thereunder.
(b) The Trustee shall transmit to the Securityholders Holders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of such series series, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of the Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.Security Register;
(d) A copy of each such report shall, at the time of such transmission to Securityholdersthe Holders, be furnished to the Issuer and be filed by the Trustee with each stock exchange exchange, if any, upon which the Securities of such any series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as the Securities of any such series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than The term "reporting date," as used in this Section 4.4, shall be -------------- May 15th of each year, commencing with May 15, 2002. Within 60 days after the earliest reporting date of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunderyear, the Trustee shall transmit by mail to all Holders as provided below to in Section 313(c) of the Securityholders of each series of outstanding SecuritiesTrust Indenture Act, as hereinafter their names and addresses appear in this Section providedthe Senior Note Register, a brief report dated as of the preceding May 15 with respect to:
(i) its eligibility under Section 6.10 and its qualification under Section 6.9, or in lieu thereofsuch reporting date, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(iirequired by Section 313(a) the character and amount of any advances (and if the Trustee elects to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% of the principal of the Securities of such series outstanding on the date of such report;
(iii) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship;
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Trust Indenture which the Trustee has not previously reported and which in the Trustee's opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11Act.
(b) The Trustee shall transmit to the Securityholders of each seriesHolders, as provided in subsection (c) of this Sectionhereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series ), since the date of the last report transmitted pursuant to the provisions of subsection Section 4.4(a) (a) of this Section (or or, if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series Senior Notes on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b)subsection, except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate more than 10% or less of the principal amount of Securities of such series Senior Notes outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 4.4 shall be transmitted by mail mail, first class postage prepaid to all Holders Holder as required by Section 313(c) of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereofTrust Indenture Act.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series Senior Notes are listed and also with the Commission. The Issuer agrees to Corporation will promptly notify the Trustee when and as Securities of any series the Senior Notes become listed on any national securities exchangestock exchange and of any delisting thereof.
(e) The Trustee shall comply with Sections 313(b) and 313(c) of the Trust Indenture Act.
Appears in 1 contract
Samples: Indenture (Joy Global Inc)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities June 15, 1983, and on or before July June 15 in each every year thereafter, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securities, Securities for which such Trustee is appointed as hereinafter in this Section 6.04 provided, a brief report dated as of April 15 of the preceding May 15 appropriate year with respect to:
(i1) its eligibility under Section 6.10 8.09, and its qualification under Section 6.98.08, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii2) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report state such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such for any series outstanding on the date of such report;
(iii3) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 8.13;
(iv4) the property and funds, if any, physically in the possession of the Trustee (Trustee, as such) in respect of the Securities of such series , on the date of such report;
(v5) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi6) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.117.08.
(b) The Trustee shall transmit to the Securityholders of for each series, as provided in subsection (c) of this Sectionhereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series ), since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 6.04 (or or, if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b)subsection, except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of for such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 6.04 shall be transmitted by mail to all Holders holders of Securities of such series, as the names and addresses of such Holders holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereofregister.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such any applicable series are listed and also with the Securities and Exchange Commission. The Issuer agrees to Company will notify the Trustee when and as the Securities of any series become listed on or delisted by any national securities stock exchange.
Appears in 1 contract
Samples: Indenture (Masco Corp /De/)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities October 1, 1999, and on or before July 15 October 1 in each every year thereafter, so long as any Securities are Outstanding outstanding hereunder, the Trustee Trustee, if required by the Trust Indenture Act of 1939, shall transmit by mail as provided below to the Securityholders of each series of outstanding Securities, for which it is acting as hereinafter in this Section providedTrustee, a brief report dated as of the preceding May 15 September 1 with respect to:
(i1) its eligibility under Section 6.10 8.09, and its qualification under Section 6.98.08, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii2) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such serieswith respect to which it is acting as Trustee, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report state such advances if such advances so remaining unpaid aggregate not more than 0.5% one-half of one percent of the principal of the Securities amount of such series Securities outstanding on the date of such report;
(iii3) the amount, interest rate rate, and the maturity date of all other indebtedness owing by the Issuer Corporation (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationshiprelationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 8.13;
(iv4) the property and funds, if any, physically in the possession of the Trustee (Trustee, as such) in respect of the Securities of such series on , at the date of such report;
(v5) any additional issue of Securities of such series with respect to which the it is acting as Trustee which it has not previously reported; and
(vi6) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.117.08.
(b) The Trustee shall transmit to the Securityholders of each serieswith respect to which it is acting as Trustee, as provided in subsection (c) of this Sectionhereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series ), since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 6.04 (or or, if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series with respect to which it is acting as Trustee on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b)subsection, except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% ten percent or less of the principal amount of such Securities of such series outstanding at such time, such report to be transmitted within 90 ninety days after such time.
(c) Reports pursuant to this Section 6.04 shall be transmitted by mail first class mail, postage prepaid to all Holders holders of Securities of such series, as the names and addresses of such Holders holders appear upon the Securities register as registry books of a date not more than 15 days prior to the mailing thereofCorporation.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series with respect to which it is acting as Trustee are listed and also with the Securities and Exchange Commission. The Issuer agrees to Corporation will notify the Trustee when and as such Securities of any series become listed on any national securities exchangestock exchange or delisted therefrom.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities May 15, 2003 and on or before July May 15 in of each year thereafter, so long as any Securities Notes are Outstanding outstanding hereunder, the Trustee shall transmit by mail to the Noteholders, as provided below to the Securityholders in subsection (b) of each series of outstanding Securities, as hereinafter in this Section providedSection, a brief report dated as of the preceding May 15 March 15, with respect to:to any of the following events which may have occurred within the previous 12 months (but if no such event has occurred within such period, no report need be transmitted):
(i1) its eligibility under Section 6.10 7.09, and its qualification qualifications under Section 6.97.08, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii2) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesNotes, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% one-half of one percent of the principal amount of the Securities of such Notes for any series outstanding on the date of such report;
(iii3) any change to the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesNotes) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in subsections (2), (3), (4), or (6) of subsection (b) of Section 311 of the Trust Indenture Act of 1939;
(iv4) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v5) the creation of or any material change to a relationship specified in Section 310(b)(1) through Section 310(b)(10) of the Trust Indenture Act of 1939;
(6) any additional issue of Securities of such series Notes which the Trustee it has not previously reported; and
(vi7) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesNotes, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.116.07.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders holders of Securities of such series, Notes at their addresses as the names and addresses of such Holders same appear upon the Securities register as of a date not more than 15 days prior to the mailing thereofNote Register.
(dc) A copy of each such report shall, at the time of such transmission to SecurityholdersNoteholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series Notes are listed and also with the Commission. The Issuer Company agrees to notify the Trustee when and as Securities of any series the Notes become listed on any national securities stock exchange.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after the earliest date May 15 of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunder, commencing with the year 1990 the Trustee shall transmit by mail as provided below to the Securityholders Holders of each series of outstanding Securities, as hereinafter provided in subsection (c) of this Section providedSection, a brief report dated as of the preceding such May 15 with respect to:
(i) its eligibility under Section 6.10 6.9 and its qualification under Section 6.96.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such any series outstanding Outstanding on the date of such report;
(iii) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b)(2), (3), (4) or (6);
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on 38 property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(i) to all Holders of Securities of such seriesRegistered Securities, as the names and addresses of such Holders appear upon the registry books of the Issuer;
(ii) to such other Holders of Securities register as have, within two years preceding such transmission, filed their names and addresses with the Trustee for that purpose; and
(iii) except in the case of reports pursuant to subsection (b), to each Holder of a date not more than 15 days prior to Security whose name and address are preserved at the mailing thereoftime by the Trustee as provided in Section 4.2(a).
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such any applicable series are listed and also with the Commission. The Issuer agrees to notify the Trustee with respect to any series when and as the Securities of any such series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Samples: Indenture (Nyc Newco Inc)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 June 1 in each year thereafterfollowing the date hereof, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding SecuritiesSeries, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:
(i) its eligibility under Section 6.10 6.9 and its qualification under Section 6.96.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) , which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesany Series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such series outstanding any Series Outstanding on the date of such report;
(iii) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b)(2), (3), (4) or (6);
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee has not previously reported and which in the Trustee's opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchange.
Appears in 1 contract
Samples: Indenture (Cna Financial Corp)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 in each year thereafterfollowing the date hereof, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiesseries, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:
(i) its eligibility under Section 6.10 6.9 and its qualification under Section 6.96.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such any series outstanding Outstanding on the date of such report;
(iii) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b)(2), (3), (4) or (6);
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders registered holders of Securities of such seriesSecurities, as the names and addresses of such Holders holders appear upon the Securities security register as of a date not more than 15 days prior to the mailing thereofIssuer.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such any applicable series are listed and also with the Commission. The Issuer agrees to notify the Trustee with respect to any series when and as the Securities of any such series become listed admitted to trading on any national securities stock exchange.
Appears in 1 contract
Samples: Indenture (J P Morgan Chase & Co)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 14 in each year thereafterfollowing the date hereof, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding SecuritiesSeries, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:to any of the following events which may have occurred within the previous 12 months (but if no such event has occurred within such period, no report need be transmitted):
(i) any change in its eligibility under Section 6.10 6.9 and its qualification under Section 6.96.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) , which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesany Series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% 1/2 of l% of the principal amount of the Securities of such series outstanding any Series Outstanding on the date of such report;
(iii) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b)(2),(3),(4) or (6);
(iv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each seriesSeries, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series Series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding Series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all registered Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon the registry book of the Company and to such Holders of Unregistered Securities register as have, within the two years preceding such notice, filed their names and addresses with the Trustee for that purpose, and, except in the case of a date not more than 15 days prior reports pursuant to subsection (b) of this Section 4.4, to all Holders whose names and addresses appear in the mailing thereofinformation preserved at the time of such notice by the Trustee in accordance with the provisions of Section 4.2(a).
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer Company and be filed by the Trustee with each stock exchange upon which the Securities of such series any applicable Series are listed and also with the Commission. The Issuer Company agrees to notify the Trustee with respect to any Series when and as the Securities of any series such Series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after May 15 of each year, commencing with the earliest date of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunder1997, the Trustee shall transmit by mail to the Holders of the Notes, as provided below to the Securityholders in subsection (c) of each series of outstanding Securities, as hereinafter in this Section providedSection, a brief report dated as of the preceding such May 15 with respect to:
(i) its eligibility under Section 6.10 6.9 and its qualification under Section 6.96.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesNotes, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid at any time aggregate not more than 0.51/2 of 1% of the principal Principal Amount at Maturity of the Securities of such series outstanding Notes Outstanding on the date of such report;
(iii) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities of such series) Guarantor to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13 (b) (2), (3), (4) or (6);
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(viv) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesNotes, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders Holders of each seriesthe Notes, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of such series Notes, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount Principal Amount at Maturity of Securities of such series outstanding the Notes Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(i) to all Holders of Securities of such seriesthe Notes, as the names and addresses of such Holders appear upon the Securities register registry books of the Registrar;
(ii) to such other Holders of Notes as have, within two years preceding such transmission, filed their names and addresses with the Trustee for that purpose; and
(iii) except in the case of reports pursuant to subsection (b), to each Holder of a date not more than 15 days prior to the mailing thereof.
(d) A copy of each such report shall, Note whose name and address are preserved at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchangeprovided in Section 4.2(a).
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities 15, 2000, and on or before July 15 in each every year thereafter, so long as any Securities Debentures are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding SecuritiesDebentureholders, as hereinafter in this Section 5.04 provided, a brief report dated as of the preceding May 15 with respect to:
(i1) its eligibility under Section 6.10 7.09, and its qualification under Section 6.97.08, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii2) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesDebentures, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report state such advances if such advances so remaining unpaid aggregate not more than 0.5% one-half of one percent of the principal amount of the Securities of such series Debentures outstanding on the date of such report;
(iii3) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesDebentures) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationshiprelationship arising in any manner described in paragraphs (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(iv4) the property and funds, if any, physically in the possession of the Trustee (Trustee, as such) in respect of the Securities of such series , on the date of such report;
(v5) any additional issue of Securities of such series Debentures which the Trustee has not previously reported; and
(vi6) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesDebentures, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.116.08.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchange.
Appears in 1 contract
Samples: Indenture (Zenith Electronics Corp)
Reports by the Trustee. (a) On or before the first July May 15 which occurs not less than 60 days of each year after the earliest date of issuance of any Securities and on or before July 15 in each year thereafterhereof, so long as any Securities are Outstanding hereunderoutstanding hereunder and if there has been any change in the following, the Trustee shall transmit by mail to the securityholders, as provided below in subsection (c) of this Section, in accordance with and to the Securityholders extent required by Section 3.13(a) of each series of outstanding Securities, as hereinafter in this Section providedthe Securities Act, a brief report dated as of the preceding May 15 15, with respect to:
(i1) any change to its eligibility under Section 6.10 7.09, and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect7.08;
(ii2) the creation of or any material change to a relationship specified in paragraphs (1) through (10) of Section 7.08(c);
(3) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien Lien or charge, prior to that of the Securities of such seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than one-half of one percent (0.5% %) of the principal amount of the Securities of such for any series outstanding Outstanding on the date of such report;
(iii4) any change to the amount, interest rate and maturity date of all other indebtedness Indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness as Indebtedness based upon a creditor relationshiprelationship arising in any manner described in paragraph (2), (3), (4), or (6) of subsection (b) of Section 7.13;
(iv5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v6) any additional issue of Securities of such series which the Trustee that it has not previously reported; and
(vi7) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee that it has not previously reported and which that in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.117.14.
(b) The Trustee shall transmit to the Securityholders holders of each Securities of any series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien Lien or charge prior to that of the Securities of such any series on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b), except that the Trustee for each series shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of for such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(1) to all Holders holders of Securities of such seriesRegistered Securities, as the names and addresses of such Holders holders appear upon in the Security Register; and
(2) to all holders of Securities register whose names and addresses are at that time preserved by the Trustee, as of a date not more than 15 days prior to the mailing thereofprovided in 5.02(a).
(d) A copy of each such report shall, at the time of such transmission to Securityholdersholders of Securities, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the CommissionCommission and the Company. The Issuer Company agrees to promptly notify the Trustee when and as the Securities of any series become listed on any national securities stock exchange.
Appears in 1 contract
Samples: Indenture (Chemours Co)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 __________ in each year thereafterfollowing the date hereof, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding SecuritiesSeries, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:
(i) its eligibility under Section 6.10 6.9 and its qualification under Section 6.96.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) , which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesany Series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% 1/2 of l% of the principal amount of the Securities of such series outstanding any Series Outstanding on the date of such report;
(iii) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b)(2),(3),(4) or (6);
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each seriesSeries, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series Series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding Series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all registered Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon the registry book of the Company and to such Holders of Unregistered Securities register as have, within the two years preceding such notice, filed their names and addresses with the Trustee for that purpose, and, except in the case of a date not more than 15 days prior reports pursuant to subsection (b) of this Section 4.4, to all Holders whose names and addresses appear in the mailing thereofinformation preserved at the time of such notice by the Trustee in accordance with the provisions of Section 4.2(a).
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer Company and be filed by the Trustee with each stock exchange upon which the Securities of such series any applicable Series are listed and also with the Commission. The Issuer Company agrees to notify the Trustee with respect to any Series when and as the Securities of any series such Series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Reports by the Trustee. (a) On or before December 15 in every year after the first July 15 which occurs not less than 60 days after the earliest date series of issuance of any Securities and on or before July 15 in each year thereafteris issued hereunder, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding SecuritiesHolders, as hereinafter in this Section 6.04 provided, a brief report dated as of the preceding May October 15 with respect to:
(i1) its eligibility under Section 6.10 8.09 and its qualification under Section 6.9, 8.08 or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii2) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report state such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount at Stated Maturity of the Securities of such series outstanding on the date of such report;
(iii3) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationshiprelationship arising in any manner described in paragraphs (2), (3), (4) or (6) of subsection (b) of Section 8.13;
(iv4) the property and funds, if any, physically in the possession of the Trustee (Trustee, as such) in respect of the Securities of such series , on the date of such report;
(v5) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi6) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects any of the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.117.08.
(b) The Trustee shall transmit to the Securityholders of each seriesHolders, as provided in subsection (c) of this Sectionhereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series ), since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 6.04 (or or, if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series Securities, on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b)subsection, except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series at Stated Maturity outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchange.
Appears in 1 contract
Samples: Indenture (Lyondell Chemical Co)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after May 15 of each year commencing with the earliest first May 15 to occur after the date of issuance of any Securities and on or before July 15 in each year thereafterthis Indenture, so long as any Securities Debentures are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securities, Debentureholders as hereinafter in this Section 6.04 provided, a brief report dated as of the preceding May 15 15, with respect to:
(i) its eligibility under Section 6.10 8.09 and its qualification qualifications under Section 6.98.08, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;:
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesDebentures, on any property or funds held or collected by it as TrusteeTrustee or paying agent, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% one-half of 1 percent of the principal amount of the Securities of such series Debentures outstanding on the date of such report;
(iii) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesDebentures) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationshiprelationship arising in any manner described in paragraphs (ii), (iii), (iv) or (vi) of subsection (b) of Section 8.13;
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue issuance of Securities of such series which the Trustee has Debentures not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such series, Debentures except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.117.07.
(b) The Trustee shall transmit to the Securityholders of each seriesDebentureholders, as provided in subsection (c) of this Sectionhereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions pro- visions of subsection (a) of this Section 6.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities Debentures of such series on the property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchange.this
Appears in 1 contract
Samples: Indenture (Philip Services Corp)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securities, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:
(i) its eligibility under Section 6.10 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% of the principal of the Securities of such series outstanding on the date of such report;
(iii) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship;
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee has not previously reported and which in the Trustee's opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchange.the
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities October 1, 1985, and on or before July 15 October 1 in each every year thereafter, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiesfor which it is acting as Trustee, as hereinafter in this Section 6.04 provided, a brief report dated as of the preceding May 15 September 1 with respect to:
(i1) its eligibility under Section 6.10 8.09, and its qualification under Section 6.98.08, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii2) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such serieswith respect to which it is acting as Trustee, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report state such advances if such advances so remaining unpaid aggregate not more than 0.5% one-half of one percent of the principal of the Securities amount of such series Securities outstanding on the date of such report;
(iii3) the amount, interest rate rate, and the maturity date of all other indebtedness owing by the Issuer Corporation (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationshiprelationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 8.13;
(iv4) the property and funds, if any, physically in the possession of the Trustee (Trustee, as such) in respect of the Securities of such series on , at the date of such report;
(v5) any additional issue of Securities of such series with respect to which the it is acting as Trustee which it has not previously reported; and
(vi6) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.117.08.
(b) The Trustee shall transmit to the Securityholders of each serieswith respect to which it is acting as Trustee, as provided in subsection (c) of this Sectionhereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series ), since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 6.04 (or or, if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series with respect to which it is acting as Trustee on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b)subsection, except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% ten percent or less of the principal amount of such Securities of such series outstanding at such time, such report to be transmitted within 90 ninety days after such time.
(c) Reports pursuant to this Section 6.04 shall be transmitted by mail first class mail, postage prepaid to all Holders holders of Securities of such series, as the names and addresses address of such Holders holders appear upon the Securities register as registry books of a date not more than 15 days prior to the mailing thereofCorporation.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series with respect to which it is acting as Trustee are listed and also with the Securities and Exchange Commission. The Issuer agrees to Corporation will notify the Trustee when and as such Securities of any series become listed on any national securities stock exchange.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after the earliest date May 15 of issuance of any Securities and on or before July 15 in each year thereafterafter the first series of Securities is issued hereunder, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding SecuritiesHolders, as hereinafter in this Section 6.04 provided, a brief report dated as of the preceding such May 15 with respect to:to any of the following events which may have occurred during the 12 months preceding the date of such report (but if no such event has occurred within such period, no report need be transmitted):
(i1) any change to its eligibility under Section 6.10 and 8.09 or its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect8.08;
(ii2) the creation of or any material change to a relationship specified in Section 310(b)(1) through Section 310(b)(10) of the Trust Indenture Act of 1939;
(3) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report state such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount at Stated Maturity of the Securities of such series outstanding on the date of such report;
(iii4) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationshiprelationship arising in any manner described in paragraphs (2), (3), (4) or (6) of subsection (b) of Section 8.13;
(iv5) any change to the property and funds, if any, physically in the possession of the Trustee (Trustee, as such) in respect of the Securities of such series , on the date of such report;
(v6) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi7) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects any of the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.117.08.
(b) The Trustee shall transmit to the Securityholders of each seriesHolders, as provided in subsection (c) of this Sectionhereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series ), since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 6.04 (or or, if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series Securities, on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b)subsection, except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series at Stated Maturity outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(1) to all Registered Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon in the registry books of the Company;
(2) to such Holders of Securities register as have, within the two years preceding such transmission, filed their names and addresses with the Trustee for that purpose; and
(3) except in the case of a date not more than 15 days prior reports pursuant to subsection (b) of this Section, to each Holder whose name and address is preserved at the mailing thereoftime by the Trustee, as provided in Section 6.02.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be furnished to the Issuer Company and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Securities and Exchange Commission. The Issuer agrees to Company shall notify the Trustee when and as any Securities of any series become are listed on any national securities stock exchange.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after the earliest date of issuance of any Securities and on or before July May 15 in each year thereafterfollowing the date of original execution of this Indenture, so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiessuch series, as hereinafter in this Section provided, a brief report report, dated as of a date convenient to the preceding May 15 Trustee no more than 60 days prior thereto, with respect to:to any of the following events which may have occurred within the previous twelve months (but if no such event has occurred within such period, no report need be transmitted):
(i) any change to its eligibility under Section 6.10 7.9 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect7.8;
(ii) the creation of or any material change to a relationship specified in Section 310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such series outstanding Outstanding on the date of such report;
(iiiiv) any change to the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 7.13(b)(2), (3), (4) or (6);
(ivv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any additional issue of Securities of such any series which the Trustee has not previously reported; and
(vivii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such any series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.116.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of original execution of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such any series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(1) to all Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon in the Securities register Register;
(2) to such Holders of Securities of any series as have, within two years preceding such transmission, filed their names and addresses with the Trustee for that purpose; and
(3) except in the cases of reports pursuant to subsection (b) of this Section, to each Holder of a date not more than 15 days prior to Security of any series whose name and address are preserved at the mailing thereoftime by the Trustee, as provided in subsection (a) of Section 5.2.
(d) A copy of each such report shall, at the time of such transmission to Securityholdersthe Securityholders of any series, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee in writing promptly when and as the Securities of any series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Samples: Indenture (Idacorp Inc)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities May 15, 1988, and on or before July May 15 in each every year thereafter, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiesfor which it is acting as Trustee, as hereinafter in this Section 6.04 provided, a brief report dated as of the preceding May March 15 with respect to:to any of the following events which may have occurred within the previous 12 months (but if no such event has occurred within such period, no report need be so transmitted):
(i1) any change to its eligibility under Section 6.10 8.09 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect8.08;
(ii2) the creation of or any material change to a relationship which is the subject of Section 8.08;
(3) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such serieswith respect to which it is acting as Trustee, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report state such advances if such advances so remaining unpaid aggregate not more than 0.5% one-half of one percent of the principal of the Securities amount of such series Securities outstanding on the date of such report;
(iii4) any change to the amount, interest rate and or maturity date of all other indebtedness owing by the Issuer Corporation (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationshiprelationship arising in any manner which is the subject of Section 8.13;
(iv5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect Trustee, for the benefit of the Securities any series of such series on Securities, at the date of such report;
(v6) any additional issue of Securities of such series with respect to which the it is acting as Trustee which it has not previously reported; and
(vi7) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.117.08.
(b) The Trustee shall transmit to the Securityholders of each serieswith respect to which it is acting as Trustee, as provided in subsection (c) of this Sectionhereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series ), since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 6.04 (or or, if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series with respect to which it is acting as Trustee on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b)subsection, except that the Trustee shall not be required (but may electelect ) to report such advances if such advances remaining unpaid at any time aggregate 10% the percent or less of the principal amount of such Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 6.04 shall be transmitted by mail to all Holders holders of Securities of such series, as the names and addresses of such Holders holders appear upon the Securities register as registry books of a date not more than 15 days prior to the mailing thereofCorporation.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series with respect to which it is acting as Trustee are listed and also with the Securities and Exchange Commission. The Issuer agrees to Corporation will notify the Trustee when and as such Securities of any series become listed on any national securities stock exchange.
Appears in 1 contract
Samples: Indenture (J P Morgan Chase & Co)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 in each year thereafterfollowing the date hereof, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiesseries, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:
(i) its eligibility under Section 6.10 6.9 and its qualification under Section 6.96.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5-1/2 of 1% of the principal amount of the Securities of such any series outstanding Outstanding on the date of such report;
(iii) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b)(2), (3), (4) or (6);
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;; 21 20
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(i) to all Holders registered holders of Securities of such seriesSecurities, as the names and addresses of such Holders holders appear upon the registry books of the Issuer;
(ii) to such other Holders of Securities register as have, within two years preceding such transmission, filed their names and addresses with the Trustee for that purpose; and
(iii) except in the case of reports pursuant to subsection (b), to each Holder of a date not more than 15 days prior to Security whose name and address are preserved at the mailing thereoftime by the Trustee as provided in Section 4.2(a).
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such any applicable series are listed and also with the Commission. The Issuer agrees to notify the Trustee with respect to any series when and as the Securities of any such series become listed admitted to trading on any national securities stock exchange.
Appears in 1 contract
Samples: Indenture (J P Morgan Chase & Co)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities May 15, 1988, and on or before July May 15 in each every year thereafter, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiesfor which it is acting as Trustee, as hereinafter in this Section 6.04 provided, a brief report dated as of the preceding May March 15 with respect to:to any of the following events which may have occurred within the previous 12 months (but if no such event has occurred within such period, no report need be so transmitted):
(i1) any change to its eligibility under Section 6.10 8.09 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect8.08;
(ii2) the creation of or any material change to a relationship which is the subject of Section 8.08;
(3) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such serieswith respect to which it is acting as Trustee, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report state such advances if such 35 28 advances so remaining unpaid aggregate not more than 0.5% one-half of one percent of the principal of the Securities amount of such series Securities outstanding on the date of such report;
(iii4) any change to the amount, interest rate and or maturity date of all other indebtedness owing by the Issuer Corporation (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationshiprelationship arising in any manner which is the subject of Section 8.13;
(iv5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect Trustee, for the benefit of the Securities any series of such series on Securities, at the date of such report;
(v6) any additional issue of Securities of such series with respect to which the it is acting as Trustee which it has not previously reported; and
(vi7) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.117.08.
(b) The Trustee shall transmit to the Securityholders of each serieswith respect to which it is acting as Trustee, as provided in subsection (c) of this Sectionhereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series ), since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 6.04 (or or, if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series with respect to which it is acting as Trustee on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b)subsection, except that the Trustee shall not be required (but may electelect ) to report such advances if such advances remaining unpaid at any time aggregate 10% the percent or less of the principal amount of such Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 6.04 shall be transmitted by mail to all Holders holders of Securities of such series, as the names and addresses of such Holders holders appear upon the Securities register as registry books of a date not more than 15 days prior to the mailing thereofCorporation.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series with respect to which it is acting as Trustee are listed and also with the Securities and Exchange Commission. The Issuer agrees to Corporation will notify the Trustee when and as such Securities of any series become listed on any national securities stock exchange.
Appears in 1 contract
Samples: Indenture (J P Morgan Chase & Co)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after the earliest date of issuance of any Securities and on or before July May 15 in each year thereafterfollowing the date of original execution of this Indenture, so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiessuch series, as hereinafter in this Section provided, a brief report report, dated as of a date convenient to the preceding May 15 Trustee no more than 60 days prior thereto, with respect to:to any of the following events which may have occurred within the previous twelve months (but if no such event has occurred within such period, no report need be transmitted):
(i) any change to its eligibility under Section 6.10 7.9 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect7.8;
(ii) the creation of or any material change to a relationship specified in Section 310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but -29- may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such series outstanding Outstanding on the date of such report;
(iiiiv) any change to the amount, interest rate and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 7.13(b)(2), (3), (4) or (6);
(ivv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any additional issue of Securities of such any series which the Trustee has not previously reported; and
(vivii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such any series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.116.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of original execution of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such any series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(1) to all Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon in the Securities register Register;
(2) to such Holders of Securities of any series as have, within two years preceding such transmission, filed their names and addresses with the Trustee for that purpose; and
(3) except in the cases of reports pursuant to subsection (b) of this Section, to each Holder of a date not more than 15 days prior to Security of any series whose name and address are preserved at the mailing thereoftime by the Trustee, as provided in subsection (a) of Section 5.2.
(d) A copy of each such report shall, at the time of such transmission to Securityholdersthe Securityholders of any series, be furnished to the Issuer Company and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer Company agrees to notify the Trustee promptly when and as the Securities of any series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Samples: Indenture (Idaho Power Co)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities March 1, 1991, and on or before July 15 March 1 in each every year thereafter, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders Securityholder of each series of outstanding SecuritiesSecurities for which such Trustee is appointed, as hereinafter in this Section 4.04 provided, a brief report dated as of a date convenient to the preceding May 15 Trustee no more than 60 nor less than 45 days prior thereto with respect to:
(i1) its eligibility under Section 6.10 6.09, and its qualification under Section 6.96.08, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii2) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but buy may elect) to report state such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such for any series outstanding on the date of such report;
(iii3) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationshiprela- tionship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 6.13;
(iv4) the property and funds, if any, physically in the possession of the Trustee (Trustee, as such) in respect of the Securities of such series , on the date of such report;
(v5) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi6) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.115.08.
(b) The Trustee shall transmit to the Securityholders of for each series, as provided in subsection (c) of this Sectionhereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series ), since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 4.04 (or or, if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b)subsection, except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of for such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 4.04 shall be transmitted by mail to all Holders holders of Securities of such series, as the names and addresses of such Holders holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereofSecurity register.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such any applicable series are listed and also with the Securities and Exchange Commission. The Issuer agrees to Company will notify the Trustee when and as the Securities of any series become listed on any national securities stock exchange.
Appears in 1 contract
Samples: Indenture (Phillips Petroleum Co)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 in [December 1]in each year thereafterfollowing the date hereof, so long as any Debt Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Debt Securityholders of each series of outstanding Securitiesseries, as hereinafter in this Section provided, a brief report dated as of a date convenient to the preceding May 15 Trustee no more than 60 nor less than 45 days prior thereto with respect to:
(i) its eligibility under Section 6.10 6.09 and its qualification under Section 6.96.08 or, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Debt Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Debt Securities of such any series outstanding Outstanding on the date of such report;
(iii) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such seriesDebt Securities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b) (2), (3), (4) or (6);
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series securities which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesDebt Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Debt Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Debt Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Debt Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders registered holders of Securities of such seriesDebt Securities, as the names and addresses of such Holders holders appear upon the Securities register as registry books of a date not more than 15 days prior to the mailing thereofIssuer.
(d) A copy of each such report shall, at the time of such transmission to Debt Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Debt Securities of such any applicable series are listed and also with the Commission. The Issuer agrees to notify the Trustee with respect to any series when and as the Debt Securities of any such series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Samples: Subordinated Indenture (Financial Security Assurance Holdings LTD/Ny/)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 June 1 in each year thereafterfollowing the date hereof, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding SecuritiesSeries, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:
(i) its eligibility under Section 6.10 6.9 and its qualification under Section 6.96.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) , which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesany Series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such series outstanding any Series Outstanding on the date of such report;
(iii) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b)(2), (3), (4) or (6);
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each seriesSeries, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series Series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding Series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all registered Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon the registry book of the Company and to such Holders of Unregistered Securities register as have, within the two years preceding such notice, filed their names and addresses with the Trustee for that purpose, and, except in the case of a date not more than 15 days prior reports pursuant to subsection (b) of this Section 4.4, to all Holders whose names and addresses appear in the mailing thereofinformation preserved at the time of such notice by the Trustee in accordance with the provisions of Section 4.2(a).
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer Company and be filed by the Trustee with each stock exchange upon which the Securities of such series any applicable Series are listed and also with the Commission. The Issuer Company agrees to notify the Trustee with respect to any Series when and as the Securities of any series such Series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Samples: Indenture (Cna Financial Corp)
Reports by the Trustee. (a) On or before December 15 in every year after the first July 15 which occurs not less than 60 days after the earliest date series of issuance of any Securities and on or before July 15 in each year thereafteris issued hereunder, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding SecuritiesHolders, as hereinafter in this Section 6.04 provided, a brief report dated as of the preceding May October 15 with respect to:
(i1) its eligibility under Section 6.10 8.09 and its qualification under Section 6.9, 8.08 or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii2) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report state such advances if such advances so remaining unpaid aggregate not 40 32 more than 0.51/2 of 1% of the principal amount at Stated Maturity of the Securities of such series outstanding on the date of such report;
(iii3) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationship;relationship arising in any manner described in paragraphs (2), (3), (4) or (6) of subsection (b) of Section 8.13,
(iv4) the property and funds, if any, physically in the possession of the Trustee (Trustee, as such) in respect of the Securities of such series , on the date of such report;
(v5) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi6) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects any of the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.117.08.
(b) The Trustee shall transmit to the Securityholders of each seriesHolders, as provided in subsection (c) of this Sectionhereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series ), since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 6.04 (or or, if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series Securities, on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b)subsection, except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series at Stated Maturity outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(2) to all such Holders of Securities of as have, within the two years preceding such seriestransmission, as the filed their names and addresses with the Trustee for that purpose; and
(3) except in the case of such Holders appear upon reports pursuant to subsection (b) of this Section, to each Holder whose name and address is preserved at the Securities register time by the Trustee, as of a date not more than 15 days prior to the mailing thereofprovided in Section 6.02.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Securities and Exchange Commission. The Issuer agrees to Company will notify the Trustee when and as any Securities of any series become are listed on any national securities stock exchange.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after May 15 of each year, commencing with the earliest date of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunder1998, the Trustee shall transmit by mail to the Holders of the Notes, as provided below to the Securityholders in subsection (c) of each series of outstanding Securities, as hereinafter in this Section providedSection, a brief report dated as of the preceding such May 15 with respect to:
(i) its eligibility under Section 6.10 6.9 and its qualification under Section 6.96.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesNotes, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid at any time aggregate not more than 0.51/2 of 1% of the principal Principal Amount at Maturity of the Securities of such series outstanding Notes Outstanding on the date of such report;
(iii) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities of such series) Guarantor to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13 (b) (2), (3), (4) or (6);
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(viv) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesNotes, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders Holders of each seriesthe Notes, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of such series Notes, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount Principal Amount at Maturity of Securities of such series outstanding the Notes Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(i) to all Holders of Securities of such seriesthe Notes, as the names and addresses of such Holders appear upon the Securities register registry books of the Registrar;
(ii) to such other Holders of Notes as have, within two years preceding such transmission, filed their names and addresses with the Trustee for that purpose; and
(iii) except in the case of reports pursuant to subsection (b), to each Holder of a date not more than 15 days prior to the mailing thereof.
(d) A copy of each such report shall, Note whose name and address are preserved at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchangeprovided in Section 4.2(a).
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after the earliest date January 1 of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereundercommencing with the year 2002, the Trustee shall transmit by mail as provided below to the Securityholders Holders of each series of outstanding Securities, as hereinafter provided in subsection (c) of this Section providedSection, a brief report dated as of the preceding May 15 such January 1 with respect to:to any of the following events which -26- 33 may have occurred within the last 12 months (but if no such event has occurred within such period, no report need be transmitted):
(i) any change to its eligibility under Section 6.10 6.9 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect6.8;
(ii) the creation of, or any material change to, a relationship specified in paragraph (i) through (x) of Section 6.8 (c);
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the all Securities of such series outstanding Outstanding on the date of such report;
(iiiiv) the amount, interest rate rate, if any, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b) (2), (3), (4) or (6);
(ivv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vivii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.115.8.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this SectionSection 4.4, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 4.4 (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time -27- 34 aggregate 10% or less of the principal amount of all Securities of such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(i) to all Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon the Securities register as registry books of a date not more than 15 days prior the Issuer; and
(ii) to all other Persons to whom such reports are required to be transmitted pursuant to Section 313(c) of the mailing thereofTrust Indenture Act of 1939.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such any applicable series are listed and also with the Commission. The Issuer agrees to promptly notify the Trustee with respect to any series when and as the Securities of any such series become listed admitted to trading on any national securities exchangeexchange or delisted from trading thereon.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July May 15 which occurs not less than 60 days of each year after the earliest date of issuance of any Securities and on or before July 15 in each year thereafterhereof, so long as any Securities are Outstanding hereunderoutstanding hereunder and if there has been any change in the following, the Trustee shall transmit by mail to the securityholders, as provided below in subsection (c) of this Section, in accordance with and to the Securityholders extent required by Section 3.13(a) of each series of outstanding Securities, as hereinafter in this Section providedthe Act, a brief report dated as of the preceding May 15 15, with respect to:
(i1) any change to its eligibility under Section 6.10 7.09, and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect7.08;
(ii2) the creation of or any material change to a relationship specified in paragraphs (1) through (10) of Section 7.08(c);
(3) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than one-half of one percent (0.5% %) of the principal amount of the Securities of such for any series outstanding Outstanding on the date of such reportReport;
(iii4) any change to the amount, interest rate and maturity date of all other indebtedness owing by the Issuer Company (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any as indebtedness based upon a creditor relationshiprelationship arising in any manner described in paragraph (2), (3), (4), or (6) of subsection (b) of Section 7.13;
(iv5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v6) any additional issue of Securities of such series which the Trustee that it has not previously reported; and
(vi7) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee that it has not previously reported and which that in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.117.14.
(b) The Trustee shall transmit to the Securityholders holders of each Securities of any series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such any series on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b), except that the Trustee for each series shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of for such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(1) to all Holders holders of Securities of such seriesRegistered Securities, as the names and addresses of such Holders holders appear upon in the Security Register;
(2) to such holders of Bearer Securities register as have, within the two years preceding such transmission, filed their names and addresses with the Trustee for that purpose; and
(3) except in the case of a date not more than 15 days prior reports pursuant to subsection (b) of this Section, to all holders of Securities whose names and addresses are at that time preserved by the mailing thereofTrustee, as provided in 5.02(a).
(d) A copy of each such report shall, at the time of such transmission to Securityholdersholders of Securities, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the CommissionCommission and the Company. The Issuer Company agrees to promptly notify the Trustee when and as the Securities of any series become listed on any national securities stock exchange.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after the earliest date January 1 of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereundercommencing with the year 1994, the Trustee shall transmit by mail as provided below to the Securityholders Holders of each series of outstanding Securities, as hereinafter provided in subsection (c) of this Section provided4.4, a brief report dated as of the preceding May 15 such January 1 with respect to:to any of the following events which may have occurred within the last 12 months (but if no such event has occurred within such period, no report need be transmitted):
(i) any change to its eligibility under Section 6.10 6.9 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect6.8;
(ii) the creation of, or any material change to, a relationship specified in paragraph (1) through (10) of Section 310(b) of the Trust Indenture Act of 1939;
(iii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the all Securities of such series outstanding Outstanding on the date of such report;
(iiiiv) the amount, interest rate rate, if any, and maturity date of all other indebtedness owing by the Issuer or the Guarantor (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 311(b) of the Trust Indenture Act of 1939;
(ivv) any change to the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(vvi) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vivii) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by withheldby it in accordance with the provisions of Section 5.11Article Five.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this SectionSection 4.4, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 4.4 (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of all Securities of such series outstanding Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail mail:
(i) to all Holders of Securities of such seriesSecurities, as the names and addresses of such Holders appear upon the Securities register as registry books of a date not more than 15 days prior the Issuer; and
(ii) to all other Persons to whom such reports are required to be transmitted pursuant to Section 313(c) of the mailing thereofTrust Indenture Act of 1939.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and the Guarantor and be filed by the Trustee with each stock exchange upon which the Securities of such any applicable series are listed and also with the Commission. The Issuer agrees to promptly notify the Trustee with respect to any series when and as the Securities of any such series become listed admitted to trading on any national securities exchange.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than Within 60 days after May 15 of each year, commencing with the earliest date of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunder1998, the Trustee shall transmit by mail to the Holders of the Securities of each series, as provided below to the Securityholders in subsection (c) of each series of outstanding Securities, as hereinafter in this Section providedSection, a brief report dated as of the preceding such May 15 with respect to:
(i) its eligibility under Section 6.10 6.9 and its qualification under Section 6.96.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such series outstanding Outstanding on the date of such report;
(iii) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b)(2),(3),(4) or (6);
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders Holders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (Trustee, as such) in respect of the Securities of such series , since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchange.this
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities October 1, 1997, and on or before July 15 October 1 in each every year thereafter, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiesfor which it is acting as Trustee, as hereinafter in this Section 6.04 provided, a brief report dated as of the preceding May 15 September 1 with respect to:
(i1) its eligibility under Section 6.10 8.09, and its qualification under Section 6.98.08, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii2) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such serieswith respect to which it is acting as Trustee, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report state such advances if such advances so remaining unpaid aggregate not more than 0.5% one-half of one percent of the principal of the Securities amount of such series Securities outstanding on the date of such report;
(iii3) the amount, interest rate rate, and the maturity date of all other indebtedness owing by the Issuer Corporation (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any an indebtedness based upon a creditor relationshiprelationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 8.13;
(iv4) the property and funds, if any, physically in the possession of the Trustee (Trustee, as such) in respect of the Securities of such series on , at the date of such report;
(v5) any additional issue of Securities of such series with respect to which the it is acting as Trustee which it has not previously reported; and
(vi6) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.117.08.
(b) The Trustee shall transmit to the Securityholders of each serieswith respect to which it is acting as Trustee, as provided in subsection (c) of this Sectionhereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series ), since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 6.04 (or or, if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series with respect to which it is acting as Trustee on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b)subsection, except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% ten percent or less of the principal amount of such Securities of such series outstanding at such time, such report to be transmitted within 90 ninety days after such time.
(c) Reports pursuant to this Section 6.04 shall be transmitted by mail first class mail, postage prepaid to all Holders holders of Securities of such series, as the names and addresses of such Holders holders appear upon the Securities register as registry books of a date not more than 15 days prior to the mailing thereofCorporation.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series with respect to which it is acting as Trustee are listed and also with the Securities and Exchange Commission. The Issuer agrees to Corporation will notify the Trustee when and as such Securities of any series become listed on any national securities stock exchange.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 in each year thereafterfollowing the date hereof, so long as any Securities are Outstanding outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securitiesseries, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:
(i) its eligibility under Section 6.10 6.9 and its qualification under Section 6.96.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects so to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such any series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.51/2 of 1% of the principal amount of the Securities of such any series outstanding Outstanding on the date of such report;
(iii) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Issuer (or by any other obligor on the Securities of such seriesSecurities) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationshiprelationship arising in any manner described in Section 6.13(b)(2), (3), (4) or (6);
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee it has not previously reported and which in the Trustee's its opinion materially affects the Securities of such seriesSecurities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the 15 22 provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders registered holders of Securities of such seriesSecurities, as the names and addresses of such Holders holders appear upon the Securities security register as of a date not more than 15 days prior to the mailing thereofIssuer.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such any applicable series are listed and also with the Commission. The Issuer agrees to notify the Trustee with respect to any series when and as the Securities of any such series become listed admitted to trading on any national securities stock exchange.
Appears in 1 contract
Samples: Indenture (J P Morgan Chase & Co)
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date October 1 of issuance of any Securities and on or before July 15 each year, beginning in each year thereafter1997, so long as there are any Securities are Outstanding Notes outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securities, as hereinafter in this Section provided, all Noteholders a brief report dated as of the preceding May 15 such reporting date with respect to:to any of the following events which may have occurred during the twelve months preceding the date of such report (but if no such event has occurred within such period, no report need be transmitted):
(i1) any change to its eligibility under Section 6.10 8.9 and its qualification under Section 6.9, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect8.8;
(ii2) the character and amount creation of or any advances (and if the Trustee elects material change to so state, the circumstances surrounding the making thereofa relationship specified in Section 310(b)(1) made by the Trustee (as suchthrough Section 310(b)(10) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% of the principal of the Securities of such series outstanding on the date of such reportTrust Indenture Act;
(iii3) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship;
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee has not previously reported and which in the Trustee's opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Notes, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state such advances if such advances so remaining unpaid aggregate not more than 0.5 percent of the principal amount of the Notes outstanding on the date of such report;
(4) the amount, interest rate, and maturity date of all other indebtedness owing by the Company (or by any other obligor on the Notes) to the Trustee in its individual capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except an indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 311 of the Trust Indenture Act;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) on the date of such report;
(6) any additional issue of Notes which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Notes, except action in respect of a Default, notice of which has been or is to be withheld by it in accordance with the Securities provisions of such series Section 8.14.
(b) The Trustee shall transmit to the Noteholders, as hereinafter provided, a brief report with respect to the character and amount of any advances made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 6.3 (or if no such report has yet been so transmitted, since the date of execution of this Indenture) ), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series Notes on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series Notes outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 6.3 shall be transmitted by mail to all Holders holders of Securities of such seriesNotes, as the names and addresses of such Holders holders appear upon in the Securities register as of a date not more than 15 days prior to the mailing thereofNote Register.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersNoteholders, be furnished to the Issuer Company and be filed by the Trustee with each stock exchange upon which the Securities of such series Notes are listed and also with the Commission. The Issuer agrees to Company will notify the Trustee when and as Securities of any series the Notes become listed on any national securities stock exchange.
(e) Notwithstanding the foregoing provisions of this Section 6.3, the foregoing provisions of this Section 6.3 shall not be operative as a part of this Indenture until this Indenture is qualified under the Trust Indenture Act, and, until such qualification, this Indenture shall be construed as if this Section 6.3 were not contained herein.
Appears in 1 contract
Reports by the Trustee. (a) On or before the first July 15 which occurs not less than 60 days after the earliest date of issuance of any Securities and on or before July 15 in each year thereafter, so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail as provided below to the Securityholders of each series of outstanding Securities, as hereinafter in this Section provided, a brief report dated as of the preceding May 15 with respect to:
(i) its eligibility under Section 6.10 6.9 and its qualification under Section 6.96.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Sections, a written statement to such effect;
(ii) the character and amount of any advances (and if the Trustee elects to so state, the circumstances surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of such series, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 0.5% of the principal of the Securities of such series outstanding on the date of such report;
(iii) the amount, interest rate and maturity date of all other indebtedness owing by the Issuer (or any other obligor on the Securities of such series) to the Trustee in its individual capacity on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship;
(iv) the property and funds, if any, physically in the possession of the Trustee (as such) in respect of the Securities of such series on the date of such report;
(v) any additional issue of Securities of such series which the Trustee has not previously reported; and
(vi) any action taken by the Trustee in the performance of its duties under this Indenture which the Trustee has not previously reported and which in the Trustee's opinion materially affects the Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 5.11.
(b) The Trustee shall transmit to the Securityholders of each series, as provided in subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) in respect of the Securities of such series since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of this Indenture) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of such series on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this subsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of Securities of such series outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section shall be transmitted by mail to all Holders of Securities of such series, as the names and addresses of such Holders appear upon the Securities register as of a date not more than 15 days prior to the mailing thereof.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be furnished to the Issuer and be filed by the Trustee with each stock exchange upon which the Securities of such series are listed and also with the Commission. The Issuer agrees to notify the Trustee when and as Securities of any series become listed on any national securities exchange.
Appears in 1 contract