Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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): (1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof; (2) the creation of or any material change to a relationship specified in Section 608 hereof; (3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such 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 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 an Indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2), (3), (4) or (6) hereof; (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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported; (7) any additional issue of Securities which the Trustee has not previously reported; and (8) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof. (b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time. (c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereof.
Appears in 6 contracts
Samples: Indenture (Southwestern Electric Power Co), Indenture (Southwestern Electric Power Co), Indenture (Central Power & Light Co /Tx/)
Reports by Trustee. (a) Within 60 days after The Trustee shall transmit to Holders such reports concerning the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series Trustee and its actions under this Indenture and as may be required pursuant to the Trust Indenture Act within 60 days after May 15 in every of each year thereafter, commencing with the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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):
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such 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 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 an Indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2), (3), (4) or (6) hereof;
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereofyear 1993.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsection, except that the Trustee shall not be required (but may elect) to report such advances to the Holders of Securities of any series 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) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 6 contracts
Samples: Indenture (Ferro Corp), Indenture (Ferro Corp), Indenture (Ferro Corp)
Reports by Trustee. (a) Within 60 days after On or before the first May 15 which occurs not less than 60 days July 15th following the first date of issuance execution of Securities of any series under this Indenture Indenture, and within 60 days after May on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, the Securityholders as their names and addresses appear hereinafter in the Security Registerthis Section 5.04 provided, a brief report dated as of such the preceding May 15 with respect 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):
(1) any change to its eligibility under Section 609 hereof 7.09, and its qualifications under Section 608 hereof7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof7.08(d);
(3) 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 SecuritiesSecurities of 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 state such advances if such advances so remaining unpaid aggregate not more than 1/2 one-half of 1% one percent of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2paragraph (2), (3), (4) or (6) hereofof 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 such) on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee it in accordance with the provisions of Section 602 hereof6.10.
(b) The Trustee shall transmit by mail to all Holdersthe Securityholders, as their names and addresses appear in the Security Registerhereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection the provisions of subsection (a) of this Section 703 5.04 (or if no such report has yet been so transmitted, since the date of execution of this instrument) Indenture), for the reimbursement of which it claims or may claim a lien or charge, charge prior to that of the Securities, Securities of any series on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this Subsectionsubsection, 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 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 5.04 shall be transmitted by mail (i) to all Holders of Securities of any series, as the names and addresses of such Holders shall appear upon the Register of the Securities of such series, (ii) to such Holders of Securities as have, within the 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) of this Section 5.04 to each Holder whose name and address are preserved at the time by the Trustee as provided in Section 5.02(a) hereof.
(d) A copy of each such report shall, at the time of such transmission to HoldersSecurityholders, be filed by the Trustee with each national securities stock exchange upon which the Securities of any Securities series are listed, listed and also with the Commission and with the CompanyCommission. The Company will promptly notify the Trustee when and as the Securities of any Securities are series become listed on any national securities exchange or of any delisting thereof.stock exchange. ARTICLE SIX
Appears in 5 contracts
Samples: Senior Indenture (Lexar Media Inc), Senior Indenture (Transmeta Corp), Senior Indenture (Lexar Media Inc)
Reports by Trustee. (a) Within 60 days after If required under Section 313(a) of the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Trust Indenture and Act, within 60 days after May 15 in every of each year thereaftercommencing with the year 2001, so long as any of the Securities are outstanding, the Trustee shall transmit by mail to all Holders, as their names and addresses appear provided in the Security Registersubsection 7.03(c), a brief report dated as of such May 15 with respect 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 by transmitted):
(1i) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof;
(2) 6.09 or the creation of or any material change to a relationship specified in its qualifications under Section 608 hereof6.08;
(3ii) 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 Securities, 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 1/2 one-half of 1% one percent of the principal amount of the Securities Outstanding of such series on the date of such report;
(4iii) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2), (3), (4) or (6) hereofSection 6.13;
(5iv) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7v) any additional issue of Securities which the Trustee has not previously reported; and
(8) vi) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear provided in the Security Registersubsection 7.03(c), a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a7.03(a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding of such series 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:
(i) to all Holders of Securities, as the names and addresses of such Holders appear in the Security Register as of a date not more than fifteen days prior to the mailing thereof;
(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 case of reports pursuant to subsection 7.03(b), to all Holders of Securities whose names and addresses have been received by the Trustee pursuant to Section 7.01.
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 5 contracts
Samples: Indenture (Masco Corp /De/), Indenture (Masco Corp /De/), Indenture (Masco Corp /De/)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and The Trustee shall, within 60 days after May each January 15 in every year thereafterfollowing the date of this Indenture, the Trustee shall transmit annually by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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 period, no such report need be transmitted):
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608;
(2) the creation of or any material change to a relationship specified in Section 608 hereof3l0(b)(l) through Section 3l0(b)(l0) of the Trust Indenture Act;
(3) 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 Securities, 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 to the Holders of Securities of any series if such advances so remaining unpaid aggregate not more than 1/2 of 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company or the Guarantor (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 311(b) (2), (3), (4) or (6) hereofof 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsection, except that the Trustee shall not be required (but may elect) to report such advances to the Holders of Securities of any series 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) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the CompanyCompany and the Guarantor. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 4 contracts
Samples: Indenture (Bp PLC), Indenture (Bp PLC), Indenture (Bp PLC)
Reports by Trustee. (a1) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 sixty (60) days after May 15 in every of each year thereafterbeginning with the year 2020, the Trustee shall transmit by mail or electronic transmission to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect to any of the following events which may have occurred within the previous 12 twelve (12) months (but if no such event has occurred within such period period, no report need be transmitted):
(1) a. any change to its eligibility under Section 609 hereof 6.08 and its qualifications under Section 608 hereof6.07;
(2) the b. The creation of or any material change to a relationship specified in Section 608 hereof3.10(b)(1) through Section 3.10(b)(10) of the Trust Indenture Act;
(3) c. 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 Securities, 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 (1/2 of 1% %) of the principal amount of the Securities Outstanding on the date of such report;
(4) d. any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.12(2)(b), (3c), (4d) or (6) hereoff);
(5) any change to e. the property and funds, if any, physically in the possession of the Trustee as such on the date of such report;
(6) f. any release, or release and substitution, of property subject to the lien of this Indenture, if any the Indenture (and the consideration therefor, if any) which it has not previously reported, unless the fair value of such property, as set forth in the certificate or opinion required by Section 314(d)(1) and (3) of the Trust Indenture Act, is less than 10 per centum of the principal amount of indenture securities outstanding at the time of such release, or such release and substitution;
(7) g. any additional issue of Securities which the Trustee has not previously reported; and
(8) h. any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b2) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a1) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 ten percent (10% %) or less of the principal amount of the Securities Outstanding at such time, such report to be transmitted within 90 ninety (90) days after such time.
(c3) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange stock exchange, if any, upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 4 contracts
Samples: Indenture (Vault Holding 1, LLC), Indenture (Vault Holding 1, LLC), Indenture (Vault Holding 1, LLC)
Reports by Trustee. (a) Within 60 days after On or before the first May 15 which occurs not less than 60 days July 15th following the first date of issuance execution of Securities of any series under this Indenture Subordinated Indenture, and within 60 days after May on or before July 15 in every year thereafter, if and so long as any Subordinated Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, the Subordinated Securityholders as their names and addresses appear hereinafter in the Security Registerthis Section 5.04 provided, a brief report dated as of such the preceding May 15 with respect 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):
(1) any change to its eligibility under Section 609 hereof 7.09, and its qualifications under Section 608 hereof7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof7.08(d);
(3) 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 SecuritiesSubordinated Securities of 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 state such advances if such advances so remaining unpaid aggregate not more than 1/2 one-half of 1% one percent of the principal amount of the Subordinated Securities of such series Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the Subordinated 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2paragraph (2), (3), (4) or (6) hereofof 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 such) on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Subordinated Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder under this Subordinated Indenture which it has not previously reported and which in its opinion materially affects the Subordinated Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee it in accordance with the provisions of Section 602 hereof6.10.
(b) The Trustee shall transmit by mail to all Holdersthe Subordinated Securityholders, as their names and addresses appear in the Security Registerhereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection the provisions of subsection (a) of this Section 703 5.04 (or if no such report has yet been so transmitted, since the date of execution of this instrument) Subordinated Indenture), for the reimbursement of which it claims or may claim a lien or charge, charge prior to that of the Securities, Subordinated Securities of any series on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this Subsectionsubsection, 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 the Subordinated 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 5.04 shall be transmitted by mail (i) to all Holders of Subordinated Securities of any series, as the names and addresses of such Holders shall appear upon the Register of the Subordinated Securities of such series, (ii) to such Holders of Subordinated Securities as have, within the 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) of this Section 5.04 to each Holder whose name and address are preserved at the time by the Trustee as provided in Section 5.02(a) hereof.
(d) A copy of each such report shall, at the time of such transmission to HoldersSubordinated Securityholders, be filed by the Trustee with each national securities stock exchange upon which the Subordinated Securities of any Securities series are listed, listed and also with the Commission and with the CompanyCommission. The Company will promptly notify the Trustee when and as the Subordinated Securities of any Securities are series become listed on any national securities exchange or of any delisting thereof.stock exchange. ARTICLE SIX
Appears in 4 contracts
Samples: Subordinated Indenture (Lexar Media Inc), Subordinated Indenture (Handspring Inc), Subordinated Indenture (Lexar Media Inc)
Reports by Trustee. (a) Within 60 days after March 31st of each year commencing with the first May 15 which occurs not less than 60 days following March 31st after the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterSecurities, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 March 31st with respect to any of the following events which may have occurred within the previous prior 12 months (but if no such event has occurred within such period no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 6.9 and its qualifications under Section 608 310(b) of the Trust Indenture Act pursuant to Section 6.8 hereof;
(2) the creation of or any material change to a relationship specified in Section 608 hereof310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.2.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to the Holders, be filed by the Trustee with each national securities stock exchange upon which any the Securities are listed, with the Commission and also with the Company. The Company will promptly notify the Trustee when any the Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 4 contracts
Samples: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)
Reports by Trustee. (a) Within 60 days after On or before the first May 15 which occurs not less than 60 days July 15th following the first date of issuance execution of Securities of any series under this Indenture Subordinated Indenture, and within 60 days after May on or before July 15 in every year thereafter, if and so long as any Subordinated Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, the Subordinated Securityholders as their names and addresses appear hereinafter in the Security Registerthis Section 5.04 provided, a brief report dated as of such the preceding May 15 with respect 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):
(1) any change to its eligibility under Section 609 hereof 7.09, and its qualifications under Section 608 hereof7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof7.08(d);
(3) 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 SecuritiesSubordinated Securities of 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 state such advances if such advances so remaining unpaid aggregate not more than 1/2 one—half of 1% one percent of the principal amount of the Subordinated Securities of such series Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the Subordinated 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2paragraph (2), (3), (4) or (6) hereofof 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 such) on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Subordinated Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder under this Subordinated Indenture which it has not previously reported and which in its opinion materially affects the Subordinated Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee it in accordance with the provisions of Section 602 hereof6.10.
(b) The Trustee shall transmit by mail to all Holdersthe Subordinated Securityholders, as their names and addresses appear in the Security Registerhereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection the provisions of subsection (a) of this Section 703 5.04 (or if no such report has yet been so transmitted, since the date of execution of this instrument) Subordinated Indenture), for the reimbursement of which it claims or may claim a lien or charge, charge prior to that of the Securities, Subordinated Securities of any series on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this Subsectionsubsection, 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 the Subordinated 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 5.04 shall be transmitted by mail (i) to all Holders of Subordinated Securities of any series, as the names and addresses of such Holders shall appear upon the Register of the Subordinated Securities of such series, (ii) to such Holders of Subordinated Securities as have, within the 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) of this Section 5.04 to each Holder whose name and address are preserved at the time by the Trustee as provided in Section 5.02(a) hereof.
(d) A copy of each such report shall, at the time of such transmission to HoldersSubordinated Securityholders, be filed by the Trustee with each national securities stock exchange upon which the Subordinated Securities of any Securities series are listed, listed and also with the Commission and with the CompanyCommission. The Company will promptly notify the Trustee when and as the Subordinated Securities of any Securities are series become listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 4 contracts
Samples: Subordinated Indenture (Achieve Life Sciences, Inc.), Subordinated Indenture (Oncogenex Pharmaceuticals, Inc.), Subordinated Indenture (Oncogenex Pharmaceuticals, Inc.)
Reports by Trustee. (a) Within 60 days after April 15 of each year, commencing with the first May April 15 which occurs not less than 60 days following after the first date of issuance of Debt Securities pursuant to this Indenture, the Trustee shall, to the extent required by the Trust Indenture Act, transmit to all Holders of Debt Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterwith respect to which it acts as Trustee, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Registermanner hereinafter provided in this Section 7.03, a brief report dated as of such May 15 date with respect 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 period, no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 6.09 and its qualifications under Section 608 hereof6.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof6.08(c) of this Indenture;
(3) 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 SecuritiesDebt 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 1/2 of 1% of the principal amount of the Outstanding Debt Securities Outstanding of such series on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesDebt 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Debt Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which which, in its opinion opinion, materially affects the SecuritiesDebt Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b) The Trustee shall transmit by mail to all Holders, as their Holders of Debt Securities of any series (whose names and addresses appear in the Security Registerinformation preserved at the time by the Trustee in accordance with Section 7.02 (a)) for which it acts as the Trustee, as hereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesDebt 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 Subsectionsubsection, 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 the 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 7.03 shall be transmitted by mail:
(1) to all Holders of Registered Securities, as the names and addresses of such Holders of Registered Securities appear in the Security Register;
(2) to such Holders of Bearer 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
(3) except in the cases of reports pursuant to subsection (b) of this Section 7.03, to each Holder of a Debt Security of any series whose name and address appear in the information preserved at the time by the Trustee in accordance with Section 7.02(a).
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Debt Securities of such series are listed, with the Commission and also with the Company. The Company will promptly notify the Trustee when any series of Debt Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 4 contracts
Samples: Indenture (Harrahs Entertainment Inc), Indenture (Hilton Hotels Corp), Indenture (Park Place Entertainment Corp)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture On or before [October 1, 201 , and within 60 days after May 15 on or before October 1] in every year thereafter, so long as required by the Trust Indenture Act of 1939, as then amended, and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, the Holders as their names hereinafter in this Section 7.3 provided and addresses appear in to the Security Register, Company a brief report report, dated as of such May 15 the preceding August 1, with respect to any of the following events which may have occurred within the previous 12 months prior to the date of such report (but if no such event has occurred within such period no report need be transmitted):
(1i) any change to its eligibility under Section 609 hereof 6.9, and its qualifications qualification under Section 608 hereof6.8;
(2ii) the creation of or any material change to a relationship specified in paragraphs (i) through (x) of Subsection (b) of Section 608 hereof6.8;
(3iii) 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 Securities, 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 1/2 one-half of 1% one per cent of the aggregate principal amount of the Outstanding Securities Outstanding on the date of such report;
(4iv) any change to the amount, interest rate rate, and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2paragraph (2), (3), (4) or (65) hereofof Subsection (b) of Section 6.13;
(5v) any change to the property and funds, if any, physically in the possession of the Trustee (as such such) on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7vi) any additional issue of Securities which the Trustee it has not previously reported; and
(8) vii) any action taken by the Trustee in the performance of its duties hereunder under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee it in accordance with the provisions of Section 602 hereof6.2.
(b) The Trustee shall transmit by mail to all the Holders, as their names hereinafter provided, and addresses appear in to the Security Register, Company a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to the provisions of Subsection (a) of this Section 703 7.3 (or if no such report has yet been so transmitted, since the date of execution of this instrumentIndenture) for the reimbursement of which it claims or may claim a lien or charge, charge prior to that of the Securities, Securities on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 per cent or less of the aggregate principal amount of the Outstanding Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 7.3 shall be transmitted by mail to all Holders, as the names and addresses of such Holders appear upon the Security Register.
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any of the Securities are listed, listed and also with the Commission and with the CompanyCommission. The Company will promptly agrees to notify the Trustee when and as any of the Securities are become listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 4 contracts
Samples: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year, commencing May 15, 2011, the first date Trustee shall, to the extent required by the Trust Indenture Act, transmit to all Holders of issuance of Debt Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterwith respect to which it acts as Trustee, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Registermanner hereinafter provided in this Section 7.03, a brief report dated as of such May 15 date with respect 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):
(1) any change to its eligibility under Section 609 hereof 6.09 and its qualifications under Section 608 hereof6.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof6.08(c) of this Indenture;
(3) 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 SecuritiesDebt 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 1/2 of 1% of the principal amount of the Outstanding Debt Securities Outstanding of such series on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesDebt 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Debt Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesDebt Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b) The Trustee shall transmit by mail to all Holders, as their Holders of Debt Securities of any series (whose names and addresses appear in the Security Registerinformation preserved at the time by the Trustee in accordance with Section 7.02 (a)) for which it acts as the Trustee, as hereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 7.03 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesDebt 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 Subsectionsubsection, 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 the 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 7.03 shall be transmitted by mail:
(1) to all Holders of Registered Securities, as the names and addresses of such Holders of Registered Securities appear in the Register; and
(2) except in the cases of reports pursuant to subsection (b) of this Section 7.03, to each Holder of a Debt Security of any series whose name and address appear in the information preserved at the time by the Trustee in accordance with Section 7.02(a).
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Debt Securities of such series are listed, with the Commission and also with the Company. The Company will promptly notify the Trustee when any series of Debt Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 3 contracts
Samples: Senior Debt Indenture (Calgon Carbon Corporation), Senior Debt Indenture (MOB Corp), Indenture (Scotts Miracle-Gro Co)
Reports by Trustee. (a) Within 60 days after If required under Section 313(a) of the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Trust Indenture and Act, within 60 days after May 15 in every of each year thereaftercommencing with the year 2001, so long as any of the Securities are outstanding, the Trustee shall transmit by mail to all Holders, as their names and addresses appear provided in the Security Registersubsection 7.03(c), a brief report dated as of such May 15 with respect 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 by transmitted):
(1i) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof;
(2) 6.09 or the creation of or any material change to a relationship specified in its qualifications under Section 608 hereof6.08;
(3ii) 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 Securities, 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 1/2 one-half of 1% one percent of the principal amount of the Securities Outstanding of such series on the date of such report;
(4iii) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2), (3), (4) or (6) hereofSection 6.13;
(5iv) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7v) any additional issue of Securities which the Trustee has not previously reported; and
(8) vi) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear provided in the Security Registersubsection 7.03(c), a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a7.03(a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding of such series 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:
(i) to all Holders of Securities, as the names and addresses of such Holders appear in the Security Register as of a date not more than fifteen days prior to the mailing thereof;
(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 case of reports pursuant to subsection 7.03(b), to all Holders of Securities whose names and addresses have been received by the Trustee pursuant to Section 7.01.
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities stock exchange or and of any the delisting thereof.
Appears in 3 contracts
Samples: Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (R H Donnelley Corp)
Reports by Trustee. (a) Within 60 days after [DATE] of each year, commencing with the first May 15 which occurs not less than 60 days following [DATE] after the first date of issuance of Debt Securities pursuant to this Indenture, the Trustee shall, to the extent required by the Trust Indenture Act, transmit to all holders of Debt Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterwith respect to which it acts as Trustee, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Registermanner hereinafter provided in this Section 7.3, a brief report dated as of such May 15 date with respect 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 period, no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 6.9 and its qualifications under Section 608 hereof6.8;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof310(b) of the Trust Indenture Act;
(3) 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 SecuritiesDebt 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 1/2 of 1% of the principal amount of the Outstanding Debt Securities Outstanding of such series on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesDebt 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2), (3), (4Section 311(b) or (6) hereofof 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Debt Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which which, in its opinion opinion, materially affects the SecuritiesDebt Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.2.
(b) The Trustee shall transmit by mail to all Holders, as their holders of Debt Securities of any series (whose names and addresses appear in the Security Registerinformation preserved at the time by the Trustee in accordance with Section 7.2 (a)) for which it acts as the Trustee, as hereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesDebt 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 Subsectionsubsection, 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 the Debt Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereof.
Appears in 3 contracts
Samples: Indenture (Biloxi Casino Corp), Indenture (MGM Grand Inc), Indenture (MGM Grand Inc)
Reports by Trustee. (a1) Within 60 sixty (60) days after the first of May 15 which occurs not less than 60 days following each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter1999, the Trustee shall transmit by mail to all HoldersNoteholders, as their names and addresses appear in the Security Registerhereafter provided for, a brief report dated as of such May 15 with respect 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 following, provided that no report need be transmitted):transmitted if no event requiring to be disclosed in the report has occurred:
(1a) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Section, a written statement to such effect;
(2b) the creation of or any material change to a relationship specified in paragraphs (e) through (f) of subsection (3) of Section 608 hereof608;
(3c) 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 SecuritiesNotes, on the trust estate or 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 the unpaid aggregate of such advances so remaining unpaid aggregate does not more than exceed 1/2 of 1% of the principal amount of the Securities Notes Outstanding on the date of such report;
(4d) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesNotes) to the Trustee in its individual corporate capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 612(2) (b), (3c), (4d) or (6) hereoff);
(5e) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7f) any additional issue of Securities Notes which the Trustee has not previously reported; and
(8) g) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesNotes, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b2) The Trustee shall transmit by mail to all HoldersNoteholders, as their names and addresses appear in the Security Note Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a1) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesNotes, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsectionsubsection, 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 Notes Outstanding at such time, such report to be transmitted within 90 days after such time.
(c3) Reports pursuant to this Section 704 shall be transmitted by mail to all Noteholders, as the names and addresses of such Noteholders appear upon the Note Register.
(4) A copy of each such report shallreport, at the time of such transmission to HoldersNoteholders, shall be filed by the Trustee with each national securities stock exchange or market upon which any Securities the Notes are listed, with the Commission Commission, if required, and with the Company. The Company will promptly notify the Trustee when any Securities the Notes are listed on any national securities exchange or of any delisting thereof.stock exchange. END OF ARTICLE SEVEN. ARTICLE EIGHT CONSOLIDATION, MERGER, CONVEYANCE, TRANSFER OR LEASE
Appears in 3 contracts
Samples: Indenture (PDS Financial Corp), Indenture (PDS Financial Corp), Indenture (PDS Financial Corp)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities year 1999, but only upon the occurrence within the previous 12 months of any series under this Indenture and within 60 days after May 15 events specified in every year thereafterTIA (S)313(a), the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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):to:
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections Section 613(b)(2), (3), (4) or (6) hereof);
(54) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(75) any additional issue of Securities which the Trustee has not previously reported; and
(8) 6) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee in writing when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 3 contracts
Samples: Indenture (Hilfiger Tommy Corp), Indenture (Hilfiger Tommy Corp), Indenture (Hilfiger Tommy Usa Inc)
Reports by Trustee. (a) Within 60 days after If required under Section 313(a) of the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Trust Indenture and Act, within 60 days after May 15 in every of each year thereaftercommencing with the year 2001, so long as any of the Securities are outstanding, the Trustee shall transmit by mail to all Holders, as their names and addresses appear provided in the Security Registersubsection 7.03(c), a brief report dated as of such May 15 with respect to any of the following events which may have occurred within the 57 previous 12 months (but if no such event has occurred within such period no report need be by transmitted):
(1i) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof;
(2) 6.09 or the creation of or any material change to a relationship specified in its qualifications under Section 608 hereof6.08;
(3ii) 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 Securities, 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 1/2 one-half of 1% one percent of the principal amount of the Securities Outstanding of such series on the date of such report;
(4iii) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2), (3), (4) or (6) hereofSection 6.13;
(5iv) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7v) any additional issue of Securities which the Trustee has not previously reported; and
(8) vi) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear provided in the Security Registersubsection 7.03(c), a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a7.03(a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding of such series 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:
(i) to all Holders of Securities, as the names and addresses of such Holders appear in the Security Register as of a date not more than fifteen days prior to the mailing thereof;
(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 case of reports pursuant to subsection 7.03(b), to all Holders of Securities whose names and addresses have been received by the Trustee pursuant to Section 7.01.
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities stock exchange or and of any the delisting thereof.
Appears in 3 contracts
Samples: Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (Masco Corp /De/)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter2007, the Trustee shall transmit by mail to all HoldersHolders of Securities for which it is Trustee hereunder, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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):to:
(1) any change to its eligibility under Section 609 hereof 6.9 and its qualifications under Section 608 hereof6.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 such Securities, 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 1/2 of 1% of the principal amount of the such Securities Outstanding on the date of such report;
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(54) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(75) any additional issue of Securities for which it is Trustee hereunder which the Trustee has not previously reported; and
(8) 6) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the such Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.2.
(b) The Trustee shall transmit by mail to all HoldersHolders of Securities for which it is Trustee hereunder, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the such Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsectionsubsection, 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 such Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to such Holders, be filed by the Trustee with each national securities exchange upon which any such Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any such Securities are listed on any national securities exchange or of any delisting thereofexchange.
Appears in 3 contracts
Samples: Indenture (Citigroup Inc), Indenture (Citigroup Capital XVIII), Indenture (Citigroup Capital XIV)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within On or before 60 days after May 15 in every year thereaftereach year, so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, Securityholders of each series as their names and addresses appear hereinafter provided in the Security Registerthis Section 5.4, a brief report dated as of such May 15 with respect to any of the following events which may have occurred within the previous 12 twelve (12) months (but if no such event has occurred within such period period, no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 7.9 and its qualifications under Section 608 hereof7.8;
(2) the creation of or any material change to a relationship specified in paragraphs (1) through (10) of Section 608 hereof7.8(c) of this Indenture;
(3) the character and amount of any advances to or on behalf of the Company (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, charge prior to that of the Securities, Securities 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 1/2 one-half of 1% of the principal amount of the Securities Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2paragraphs (2), (3), (4) ), or (6) hereofof subsection (b) of Section 7.13;
(5) any change to the property and fundsfunds held hereunder, if any, physically in the possession of the Trustee Trustee, as such such, on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) any action taken by the Trustee in the performance of its duties hereunder under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee it in accordance with the provisions of Section 602 hereof6.7; and
(7) any additional issue of Securities which the Trustee has not previously reported.
(b) The Trustee shall transmit by mail to all Holdersthe Securityholders, as their names and addresses appear in the Security Registerhereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection the provisions of subsection (a) of this Section 703 5.4 (or if no such report has yet been so transmitted, since the date of execution of this instrumentIndenture) for the reimbursement of which it claims or may claim a lien or charge, charge prior to that of the Securities, Securities on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsectionsubsection, 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 Outstanding outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports to the Holders of Securities pursuant to this Section 5.4 shall be transmitted in the manner as provided in Section 1.4 by mail to all Holders of Securities.
(d) A copy of each such report shall, at the time of such transmission to HoldersSecurityholders, be filed by the Trustee with each national securities stock exchange upon which any the Securities are listed, listed and with the Commission and with shall be furnished to the Company. The Company will promptly agrees to notify the Trustee when any and as the Securities are become listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 3 contracts
Samples: Subordinate Indenture (Gt Capital Trust Iv), Multiple Series Indenture (Usx Corp), Multiple Series Indenture (Usx Capital Trust I)
Reports by Trustee. (a) Within 60 days after On or before the first May 15 which occurs not less than 60 days July 15th following the first date of issuance execution of Securities of any series under this Indenture Indenture, and within 60 days after May on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, the Securityholders as their names and addresses appear hereinafter in the Security Registerthis Section 5.04 provided, a brief report dated as of such the preceding May 15 with respect 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):
(1) any change to its eligibility under Section 609 hereof 7.09, and its qualifications under Section 608 hereof7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof7.08(d);
(3) 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 SecuritiesSecurities of 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 state such advances if such advances so remaining unpaid aggregate not more than 1/2 one—half of 1% one percent of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2paragraph (2), (3), (4) or (6) hereofof 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 such) on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee it in accordance with the provisions of Section 602 hereof6.10.
(b) The Trustee shall transmit by mail to all Holdersthe Securityholders, as their names and addresses appear in the Security Registerhereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection the provisions of subsection (a) of this Section 703 5.04 (or if no such report has yet been so transmitted, since the date of execution of this instrument) Indenture), for the reimbursement of which it claims or may claim a lien or charge, charge prior to that of the Securities, Securities of any series on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this Subsectionsubsection, 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 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 5.04 shall be transmitted by mail (i) to all Holders of Securities of any series, as the names and addresses of such Holders shall appear upon the Register of the Securities of such series, (ii) to such Holders of Securities as have, within the 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) of this Section 5.04 to each Holder whose name and address are preserved at the time by the Trustee as provided in Section 5.02(a) hereof.
(d) A copy of each such report shall, at the time of such transmission to HoldersSecurityholders, be filed by the Trustee with each national securities stock exchange upon which the Securities of any Securities series are listed, listed and also with the Commission and with the CompanyCommission. The Company will promptly notify the Trustee when and as the Securities of any Securities are series become listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 3 contracts
Samples: Senior Indenture (Oncogenex Pharmaceuticals, Inc.), Senior Indenture (Oncothyreon Inc.), Senior Indenture (Oncogenex Pharmaceuticals, Inc.)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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):
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof;
(2) the creation of or any material change to a relationship specified in paragraphs (1) through (10) of Section 608 hereof310(b) of the Trust Indenture Act;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such 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 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 an Indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2), (3), (4) or (6) hereof;
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereof.
Appears in 3 contracts
Samples: Indenture (Energy East Corp), Indenture (New York State Electric & Gas Corp), Indenture (Energy East Corp)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture On or before October 1, 20 , and within 60 days after May 15 on or before October 1 in every year thereafter, so long as required by the Trust Indenture Act, as then amended, and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, the Holders as their names hereinafter in this Section 7.3 provided and addresses appear in to the Security Register, Company a brief report report, dated as of such May 15 the preceding [ , 20 ], with respect to any of the following events which may have occurred within the previous 12 months prior to the date of such report (but if no such event has occurred within such period no report need be transmitted):
(1i) any change to its eligibility under Section 609 hereof 6.9, and its qualifications qualification under Section 608 hereof;6.8;
(2ii) the creation of or any material change to a relationship specified in paragraphs (i) through (x) of Subsection (b) of Section 608 hereof6.8;
(3iii) 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 Securities, 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 1/2 one-half of 1% one per cent of the aggregate principal amount of the Outstanding Securities Outstanding on the date of such report;report;
(4iv) any change to the amount, interest rate rate, and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2paragraph (2), (3), (4) or (65) hereof;of Subsection (b) of Section 6.13;
(5v) any change to the property and funds, if any, physically in the possession of the Trustee (as such such) on the date of such report;report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7vi) any additional issue of Securities which the Trustee it has not previously reported; reported; and
(8) vii) any action taken by the Trustee in the performance of its duties hereunder under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee it in accordance with the provisions of Section 602 hereof6.2.
(b) The Trustee shall transmit by mail to all the Holders, as their names hereinafter provided, and addresses appear in to the Security Register, Company a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to the provisions of Subsection (a) of this Section 703 7.3 (or if no such report has yet been so transmitted, since the date of execution of this instrumentIndenture) for the reimbursement of which it claims or may claim a lien or charge, charge prior to that of the Securities, Securities on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 per cent or less of the aggregate principal amount of the Outstanding Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 7.3 shall be delivered to all Holders in accordance with Section 16.3.
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any of the Securities are listed, listed and also with the Commission and with the CompanyCommission. The Company will promptly agrees to notify the Trustee when and as any of the Securities are become listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 3 contracts
Samples: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)
Reports by Trustee. (a) Within 60 days after January 15 of each year, commencing January 15, 2000, the first May 15 which occurs not less than 60 days following Trustee shall, to the first date extent required by the Trust Indenture Act, transmit to all Holders of issuance of Debt Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterwith respect to which it acts as Trustee, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Registermanner hereinafter provided in this Section 7.3, a brief report dated as of such May 15 date with respect 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):
(1) any change to its eligibility under Section 609 hereof 6.9 and its qualifications under Section 608 hereof6.8;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof6.8(c) of this Indenture;
(3) 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 SecuritiesDebt 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 1/2 of 1% of the principal amount of the Outstanding Debt Securities Outstanding of such series on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesDebt 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Debt Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesDebt Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.2.
(b) The Trustee shall transmit by mail to all Holders, as their Holders of Debt Securities of any series (whose names and addresses appear in the Security Registerinformation preserved at the time by the Trustee in accordance with Section 7.2(a)) for which it acts as the Trustee, as hereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesDebt 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 Subsectionsubsection, 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 the 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 7.3 shall be transmitted by mail:
(1) to all Holders of Registered Securities, as the names and addresses of such Holders of Registered Securities appear in the Security Register;
(2) to such Holders of Bearer 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
(3) except in the cases of reports pursuant to subsection (b) of this Section 7.3, to each Holder of a Debt Security of any series whose name and address appear in the information preserved at the time by the Trustee in accordance with Section 7.2(a).
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by with the Trustee Company and the Company shall file such report with each national securities stock exchange upon which any Debt Securities of such series are listed, with the Commission and also with the Company. The Company will promptly notify the Trustee when any series of Debt Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 3 contracts
Samples: Senior Indenture (Rga Capital Trust Ii), Subordinated Indenture (Reinsurance Group of America Inc), Subordinated Indenture (Rga Capital Trust Ii)
Reports by Trustee. (a1) Within 60 days after the first May 15 which occurs not less than 60 days following occurring subsequent to the first date of initial issuance of Securities of any series under this Indenture hereunder and within 60 days after May 15 in every each year thereafter, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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):
(1i) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608;
(2ii) the creation of or any material change to a relationship specified in paragraphs (1) through (10) of Section 608 hereof310(b) of the Trust Indenture Act;
(3iii) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding for which it is Trustee on the date of such report;
(4iv) any change to in the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 613(2)(ii), (3iii), (4iv) or (6) hereofvi);
(5v) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7vi) any additional issue of Securities which the Trustee has not previously reported; and
(8) vii) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b2) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a1) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding for which it is Trustee at such time, such report to be transmitted within 90 days after such time.
(c3) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 3 contracts
Samples: Indenture (International Lease Finance Corp), Indenture (International Lease Finance Corp), Indenture (International Lease Finance Corp)
Reports by Trustee. (a) Within 60 days after January 15 of each year, commencing January 15, 1998, the first May 15 which occurs not less than 60 days following Trustee shall, to the first date extent required by the Trust Indenture Act, transmit to all Holders of issuance of Debt Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterwith respect to which it acts as Trustee, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Registermanner hereinafter provided in this Section 7.03, a brief report dated as of such May 15 date with respect 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):
(1) any change to its eligibility under Section 609 hereof 6.09 and its qualifications under Section 608 hereof6.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof6.08(c) of this Indenture;
(3) 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 SecuritiesDebt 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 1/2 of 1% of the principal amount of the Outstanding Debt Securities Outstanding of such series on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesDebt 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Debt Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesDebt Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b) The Trustee shall transmit by mail to all Holders, as their Holders of Debt Securities of any series (whose names and addresses appear in the Security Registerinformation preserved at the time by the Trustee in accordance with Section 7.02 (a)) for which it acts as the Trustee, as hereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesDebt 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 Subsectionsubsection, 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 the 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 7.03 shall be transmitted by mail:
(1) to all Holders of Registered Securities, as the names and addresses of such Holders of Registered Securities appear in the Security Register; and
(2) except in the cases of reports pursuant to subsection (b) of this Section 7.03, to each Holder of a Debt Security of any series whose name and address appear in the information preserved at the time by the Trustee in accordance with Section 7.02(a).
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Debt Securities of such series are listed, with the Commission and also with the Company. The Company will promptly notify the Trustee when any series of Debt Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 2 contracts
Samples: Indenture (Intermedia Communications Inc), Indenture (Intermedia Communications Inc)
Reports by Trustee. (a1) Within 60 sixty (60) days after the first of May 15 which occurs not less than 60 days following each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter[2002], the Trustee shall transmit by mail to all HoldersNoteholders, as their names and addresses appear in the Security Registerhereafter provided for, a brief report dated as of such May 15 with respect 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 following, provided that no report need be transmitted):transmitted if no event requiring to be disclosed in the report has occurred:
(1a) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Section, a written statement to such effect;
(2b) the creation of or any material change to a relationship specified in paragraphs (e) through (f) of Subsection (3) of Section 608 hereof608;
(3c) 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 SecuritiesNotes, on the trust estate or 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 the unpaid aggregate of such advances so remaining unpaid aggregate does not more than exceed 1/2 of 1% of the principal amount of the Securities Notes Outstanding on the date of such report;
(4d) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesNotes) to the Trustee in its individual corporate capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 613(2) (b), (3c), (4d) or (6) hereoff);
(5e) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7f) any additional issue of Securities Notes which the Trustee has not previously reported; and
(8) g) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesNotes, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b2) The Trustee shall transmit by mail to all HoldersNoteholders, as their names and addresses appear in the Security Note Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a1) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesNotes, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsectionsubsection, 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 Notes Outstanding at such time, such report to be transmitted within 90 days after such time.
(c3) Reports pursuant to this Section 704 shall be transmitted by mail to all Noteholders, as the names and addresses of such Noteholders appear upon the Note Register.
(4) A copy of each such report shallreport, at the time of such transmission to HoldersNoteholders, shall be filed by the Trustee with each national securities stock exchange or market upon which any Securities the Notes are listed, with the Commission Commission, if required, and with the Company. The Company will promptly notify the Trustee when any Securities the Notes are listed on any national securities exchange or of any delisting thereof.stock exchange. End Of Article Seven. -57- Indenture ARTICLE EIGHT CONSOLIDATION, MERGER, CONVEYANCE, TRANSFER OR LEASE
Appears in 2 contracts
Samples: Indenture (PDS Financial Corp), Indenture (PDS Gaming Corp)
Reports by Trustee. (a1) Within 60 days after September 15 of each year commencing with the first May September 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterNotes pursuant to Section 3.1, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Registertransmit, a brief report dated as of such May September 15 with respect to any of the following events specified below in this Section 7.1(1), which may have occurred within since the previous 12 months (but if no such event has occurred within such period no report need be transmitted):later of the immediately preceding September 15 and the date of this Indenture:
(1a) any change to its the eligibility under Section 609 hereof and its qualifications under Section 608 hereofof the Trustee;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3b) 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 (it, as such) Trustee, 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 SecuritiesNotes, on any the trust estate or on 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 1/2 one-half of 1% 1 per centum of the principal amount of the Securities Notes issued pursuant to this Indenture that are Outstanding on the date of such reportdate;
(4c) any change to the amount, interest rate rate, and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the Securities) to the Trustee in its individual capacity, on the date of such report, by the Company, 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 Sections 613(b)(2), (3), (4) or (6) hereof;
(5d) any change to the property and funds, if any, funds physically in the its possession of the as Trustee as such on the date of such report;
(6e) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value which it has not previously reported;
(f) any additional issue of such property, is less than 10% a series of the principal amount of Securities outstanding at the time of such release, or release and substitution, and Notes issued pursuant to this Indenture which it has not previously reported; and
(2g) the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made action taken by the Trustee (as such) since in the date performance of the last report transmitted pursuant to Subsection (a) of its duties under this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and 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 Section 6.2.
(2) The Trustee shall transmit the reports required by Section 7.1(1) at stated intervals of not more than 12 months, with respect to any of the events specified in Section 7.1(1) which may have occurred within the previous 12 months (but if no such event has occurred within such period no report need be transmitted).
(3) Notwithstanding anything herein to the contrary, reports pursuant to this SubsectionSection shall be transmitted by mail to all Holders of Notes then Outstanding as have, except that within the two years preceding such transmission, filed their names and addresses with 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 Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) for that purpose. A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities the Notes are then listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities the Notes are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 2 contracts
Samples: Senior Indenture (Cit Group Inc), Subordinated Indenture (Cit Group Inc)
Reports by Trustee. (a) Within 60 days after January 15 of each year, commencing January 15, 2000, the first May 15 which occurs not less than 60 days following Trustee shall, to the first date extent required by the Trust Indenture Act, transmit to all Holders of issuance of Debt Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterwith respect to which it acts as Trustee, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Registermanner hereinafter provided in this Section 7.3, a brief report dated as of such May 15 date with respect 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):
(1) any change to its eligibility under Section 609 hereof 6.9 and its qualifications under Section 608 hereof6.8;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof6.8(c) of this Indenture;
(3) 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 SecuritiesDebt 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 1/2 of 1% of the principal amount of the Outstanding Debt Securities Outstanding of such series on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesDebt 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Debt Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesDebt Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.2.
(b) The Trustee shall transmit by mail to all Holders, as their Holders of Debt Securities of any series (whose names and addresses appear in the Security Registerinformation preserved at the time by the Trustee in accordance with Section 7.2(a)) for which it acts as the Trustee, as hereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesDebt 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 Subsectionsubsection, 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 the 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 7.3 shall be transmitted by mail:
(1) to all Holders of Registered Securities, as the names and addresses of such Holders of Registered Securities appear in the Security Register; and
(2) except in the cases of reports pursuant to subsection (b) of this Section 7.3, to each Holder of a Debt Security of any series whose name and address appear in the information preserved at the time by the Trustee in accordance with Section 7.2(a).
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by with the Trustee Company and the Company shall file such report with each national securities stock exchange upon which any Debt Securities of such series are listed, with the Commission and also with the Company. The Company will promptly notify the Trustee when any series of Debt Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Reinsurance Group of America Inc), Junior Subordinated Indenture (Rga Capital Trust Ii)
Reports by Trustee. (a) Within 60 days after March 15 of each year commencing with the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter20___, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May March 15 with respect to any of the following events which may have occurred within the previous prior 12 months (but if no such event has occurred within such period no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 6.09 and its qualifications under Section 608 hereof6.08;
(2) the creation of or any material change to a relationship specified in Section 608 hereof310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(3) the character and amount of any advances (and if the Trustee elects so to state, state the circumstances surrounding the making thereof) made by the Trustee (as such) which that 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, 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 1/2 of 1% of the principal amount of the Outstanding Securities Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which that it has not previously reported and which that in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this 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 the Outstanding Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any the Securities are listed, listed and also with the Commission and with the CompanyCommission. The Company will promptly notify the Trustee when any the Securities are listed on any national securities exchange or of any delisting thereofexchange.
Appears in 2 contracts
Samples: Subordinated Indenture (Cottonwood Land Co), Subordinated Indenture (Peabody Energy Corp)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 days after each year, commencing May 15 in every year thereafter15, 2020, the Trustee shall shall, to the extent required by the TIA, transmit by mail to all HoldersHolders of Notes, as their names and addresses appear in the Security Registermanner hereinafter provided in this Section 7.16, a brief report dated as of such May 15 date with respect 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):
(1) any change to its eligibility under Section 609 hereof 7.09 and its qualifications under Section 608 hereof7.08;
(2) the creation of or any material change to a relationship specified in Section 608 hereof310(b)(1)-(10) of the TIA;
(3) 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 SecuritiesNotes, 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 1/2 of 1% of the principal amount of the Securities Outstanding Notes on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesNotes) 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 indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2), (3), (4) or (6) hereofSection 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;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities Notes which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesNotes, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof7.02.
(b) The Trustee shall transmit by mail to all HoldersHolders of Notes, as their names and addresses appear in the Security Registerhereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 7.16 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesNotes, on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this Subsectionsubsection, 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 Outstanding Notes at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 7.16 shall be transmitted by mail:
(1) to all Holders, as the names and addresses of such Holders appear in the Register; and
(2) except in the cases of reports pursuant to subsection (b) of this Section 7.16, to each Holder of a Note whose name and address appear in the information preserved at the time by the Trustee in accordance with Section 2.05. A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities Notes are listed, with the Commission and also with the Company. The Company will promptly notify the Trustee when any Securities Notes are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 2 contracts
Samples: Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter1996, the Trustee shall transmit by mail to all HoldersHolders of Securities for which it is Trustee hereunder, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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):to:
(1) any change to its eligibility under Section 609 hereof 6.9 and its qualifications under Section 608 hereof6.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 such Securities, 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 1/2 of 1% of the principal amount of the such Securities Outstanding on the date of such report;
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(54) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereof.
Appears in 2 contracts
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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):to:
(1) any change to its eligibility under Section 609 hereof 6.9 and its qualifications under Section 608 hereof6.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(54) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(75) any additional issue of Securities which the Trustee has not previously reported; and
(8) 6) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.2.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 2 contracts
Samples: Indenture (Ingersoll Rand Co), Indenture (Ingersoll Rand Co)
Reports by Trustee. (a) Within 60 days after March 15 of each year commencing with the first May 15 which occurs not less than 60 days year following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterSecurities, the Trustee for the Securities of each series shall transmit by mail to all HoldersHolders of the Securities of such series, as their names and addresses appear provided in the Security Register, subsection (c) of this Section a brief report dated as of such May 15 date with respect to any of the following events which may have occurred within the previous prior 12 months (but if no such event has occurred within such period no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608;
(2) the creation of or any material change to a relationship specified in Section 608 hereof310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(3) the character and amount of any advances (and if the such Trustee elects so to state, the circumstances surrounding the making thereof) made by the such 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 SecuritiesSecurities of such series, on any property or funds held or collected by it as Trustee, except that the such Trustee shall not be required (but may elect) to report such advances if such advances so remaining unpaid aggregate not more than 1/2 of 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on upon the SecuritiesSecurities of such series) to the such 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 indebtedness based upon a creditor relationship arising in any manner described in Sections Section 613(b)(2), (3), (4) or (6) hereof);
(5) any change to the property and funds, if any, physically in the possession of the such Trustee as such on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities of such series which the such Trustee has not previously reported; and
(8) 7) any action taken by the such Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesSecurities of such series, except action in respect of a default, notice of which has been or is to be withheld by the such Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereof.
Appears in 2 contracts
Samples: Indenture (Philip Morris Companies Inc), Indenture (Philip Morris Companies Inc)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of So long as any series under this Indenture and within 60 days after May 15 in every year thereafterNotes are Outstanding hereunder, the Trustee shall transmit by mail to all Holdersthe Noteholders, as their names and addresses appear in the Security Registerat intervals of not more than 12 months, a brief report dated as of such May 15 with respect to any of the following events which solely with respect to clause (v) below, may have occurred within the previous 12 months (but if no such event has occurred within such period no report need be transmitted):
95 (1i) any change to its Its eligibility under Section 609 hereof and 7.07, or in lieu thereof, if to the best of its qualifications knowledge it has continued to be eligible under Section 608 hereof;
such Section, a written statement to such effect; (2ii) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) the 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 SecuritiesNotes, 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 1/2 of 10.5% of the principal amount of the Securities Notes Outstanding on the date of such report;
; (4iii) any change to the The amount, interest rate and maturity date of all other Indebtedness owing by the Company (or by any other obligor on the SecuritiesNotes) 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 Sections 613(b)(2), ; (3), (4iv) or (6) hereof;
(5) any change to the The property and funds, if any, physically in the possession of the Trustee as such on the date of such report;
; (6v) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any Any additional issue of Securities Notes which the Trustee has not previously reported; and
and (8) any vi) Any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof.Notes.\
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to HoldersNoteholders, be filed by the Trustee with each national securities stock exchange upon which any Securities the Note are listed, with the Commission listed and with the Company. The Company will promptly notify the Trustee when any Securities the Notes are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 2 contracts
Samples: Indenture (Millicom International Cellular Sa), Indenture (Millicom International Cellular Sa)
Reports by Trustee. (a) Within 60 days after May 15 of each year commencing with the first May 15 which occurs not less than 60 days following after the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterSecurities, the Trustee shall transmit by mail to all the Holders, as their names and addresses appear in the Security Registermanner and to the extent provided in TIA Section 313(c), a brief report report, dated as of such May 15 if required by TIA Section 313(a). The Trustee shall transmit to the Holders, within the times hereinafter specified a brief report with respect 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):following:
(1i) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof;[intentionally omitted]; and
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3ii) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such 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 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 an Indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2), (3), (4) or (6) hereof;
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (athe provisions of TIA Section 313(a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) the Indenture), for the reimbursement of which it claims or may claim a lien Lien or charge, prior to that of the Indenture Securities, on the trust estate or on property or funds held or collected by it as Trustee such Trustee, and which it has not previously reported pursuant to this Subsectionclause (2), 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 10 per centum of the aggregate principal amount of the Securities Outstanding at such time, such report to be so transmitted within 90 days after such time.
(c) A . To the extent required by applicable laws, rules and regulations, a copy of each such report shall, at the time of such transmission to the Holders, be filed by the Trustee with each national securities exchange stock exchange, if any, upon which any the Securities are listed, and also with the Commission.
(b) The Trustee shall transmit by mail to the Casino Control Commission and the Division of Gaming Enforcement (i) an initial list of the beneficial Holders of the Securities promptly after the issuance of the Securities; (ii) current lists of the Holders appearing in the Security Register on a twice-per-year basis, no later than March 1 and September 1 of each year; and (iii) upon request by the Casino Control Commission or the Division of Gaming Enforcement, such additional information with respect to the Companybeneficial Holders of the Securities as the Trustee may obtain through its good faith efforts.
(c) The Trustee shall notify the Casino Control Commission and the Division of Gaming Enforcement, simultaneously with any notice given to the Holders, of any default or acceleration under the Securities, this Indenture or any other documents, instrument, agreement, covenant, or condition related to the issuance of the Securities, whether declared or effectuated by the Trustee or the Holders. The Company will promptly Trustee shall notify the Trustee when any Securities are listed Casino Control Commission and the Division of Gaming Enforcement on any national securities exchange or a continuing basis and in writing, of any delisting thereofactions taken by the Trustee or the Holders with regard to such default, acceleration or similar matters related thereto.
(d) The Trustee shall notify the Casino Control Commission and the Division of Gaming Enforcement of the removal or resignation of the Trustee promptly after such removal or resignation.
(e) The Trustee shall provide to the Casino Control Commission and the Division of Gaming Enforcement, promptly after the execution by the Trustee of the same, copies of any and all amendments or modifications to this Indenture, the Securities or any other documents, instrument, agreement, covenant or condition related to the issuance of the Securities.
Appears in 2 contracts
Samples: Indenture (Atlantic Coast Entertainment Holdings Inc), Indenture (Atlantic Coast Entertainment Holdings Inc)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter1984, the Trustee shall transmit by mail to all HoldersHolders of Securities, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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):to:
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 613 (b) (2), (3), (4) or (6) hereof);
(54) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(75) any additional issue of Securities which the Trustee has not previously reported; and
(8) 6) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit by mail to all HoldersHolders of Securities, as their names and addresses appear provided in the Security RegisterSubsection (c) of this Section, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this 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 the Securities 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:
(1) to all Holders of Registered Securities, as the names and addresses of such Holders appear in the Security Register;
(2) to such Holders of Bearer Securities 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 reports pursuant to Subsection (b) of this Section, to each Holder of a Security whose name and address is preserved at the time by the Trustee, as provided in Section 702(a).
(d) A copy of each such report shall, at the time of such transmission to HoldersHolders of Securities, be filed by the Trustee with each national securities stock exchange upon which any the Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 2 contracts
Samples: Annual Report, Supplemental Indenture (Merrill Lynch & Co Inc)
Reports by Trustee. (a) Within 60 days after ________ of each year, commencing _______ __, 200_, the first May 15 which occurs not less than 60 days following Trustee shall, to the first date extent required by the Trust Indenture Act, transmit to all Holders of issuance of Debt Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterwith respect to which it acts as Trustee, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Registermanner hereinafter provided in this Section 7.03, a brief report dated as of such May 15 date with respect 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):
(1) any change to its eligibility under Section 609 hereof 6.09 and its qualifications under Section 608 hereof6.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof6.08(c) of this Indenture;
(3) 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 SecuritiesDebt 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 1/2 of 1% of the principal amount of the Outstanding Debt Securities Outstanding of such series on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesDebt 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Debt Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesDebt Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b) The Trustee shall transmit by mail to all Holders, as their Holders of Debt Securities of any series (whose names and addresses appear in the Security Registerinformation preserved at the time by the Trustee in accordance with Section 7.02 (a)) for which it acts as the Trustee, as hereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesDebt 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 Subsectionsubsection, 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 the 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 7.03 shall be transmitted by mail:
(1) to all Holders of Registered Securities, as the names and addresses of such Holders of Registered Securities appear in the Security Register; and
(2) except in the cases of reports pursuant to subsection (b) of this Section 7.03, to each Holder of a Debt Security of any series whose name and address appear in the information preserved at the time by the Trustee in accordance with Section 7.02(a).
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Debt Securities of such series are listed, with the Commission and also with the Company. The Company will promptly notify the Trustee when any series of Debt Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 2 contracts
Samples: Indenture (Genesee & Wyoming Inc), Subordinated Debt Indenture (Scotts Company)
Reports by Trustee. (a) Within 60 days after On or prior to September 1 of each year commencing with the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter2001, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of July 1 of such May 15 year with respect to any of the following events which may have occurred within during the previous 12 twelve months preceding such date (but if no such event has occurred within such period period, no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 6.9 and its qualifications under Section 608 hereof6.8;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof310(b) of the Trust Indenture Act;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.2.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any the Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any the Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 2 contracts
Samples: Indenture (Cii Financial Inc), Indenture (Cii Financial Inc)
Reports by Trustee. (a) Within 60 days after of each year, commencing , 20 , the first May 15 which occurs not less than 60 days following Trustee shall, to the first date extent required by the Trust Indenture Act, transmit to all Holders of issuance of Debt Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterwith respect to which it acts as Trustee, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Registermanner hereinafter provided in this Section 7.03, a brief report dated as of such May 15 date with respect 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):
(1) any change to its eligibility under Section 609 hereof 6.09 and its qualifications under Section 608 hereof6.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof6.08(c) of this Indenture;
(3) 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 SecuritiesDebt 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 1/2 of 1% of the principal amount of the Outstanding Debt Securities Outstanding of such series on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesDebt 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Debt Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesDebt Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b) The Trustee shall transmit by mail to all Holders, as their Holders of Debt Securities of any series (whose names and addresses appear in the Security Registerinformation preserved at the time by the Trustee in accordance with Section 7.02 (a)) for which it acts as the Trustee, as hereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 7.03 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesDebt 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 Subsectionsubsection, 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 the 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 7.03 shall be transmitted by mail:
(1) to all Holders of Registered Securities, as the names and addresses of such Holders of Registered Securities appear in the Register; and
(2) except in the cases of reports pursuant to subsection (b) of this Section 7.03, to each Holder of a Debt Security of any series whose name and address appear in the information preserved at the time by the Trustee in accordance with Section 7.02(a).
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Debt Securities of such series are listed, with the Commission and also with the Company. The Company will promptly notify the Trustee when any series of Debt Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 2 contracts
Samples: Subordinated Debt Indenture (Calgon Carbon Corporation), Subordinated Debt Indenture (MOB Corp)
Reports by Trustee. (a) Within 60 days after On or before the first May 15 which occurs not less than 60 days July 15th following the first date of issuance execution of Securities of any series under this Indenture Indenture, and within 60 days after May on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, the Securityholders as their names and addresses appear hereinafter in the Security Registerthis Section 5.04 provided, a brief report dated as of such the preceding May 15 with respect 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):
(1) any change to its eligibility under Section 609 hereof 7.09, and its qualifications under Section 608 hereof7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof;7.08(d)
(3) 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 SecuritiesSecurities of 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 state such advances if such advances so remaining unpaid aggregate not more than 1/2 one-half of 1% one percent of the principal amount of the Securities of such Series Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company or the Guarantor (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2paragraph (2), (3), (4) or (6) hereofof 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 such) on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee it in accordance with the provisions of Section 602 hereof6.10.
(b) The Trustee shall transmit by mail to all Holdersthe Securityholders, as their names and addresses appear in the Security Registerhereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection the provisions of subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) Indenture), for the reimbursement of which it claims or may claim a lien or charge, charge prior to that of the Securities, Securities of any Series on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this Subsectionsubsection, 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 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 5.04 shall be transmitted by mail to (i) all Holders of Securities of any Series, as the names and addresses of such Holders shall appear upon the Register of the Securities of such Series, (ii) to such Holders of Securities as have, within the 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) of this Section 5.04 to each Holder whose name and address are preserved at the time by the Trustee as provided in Section 5.02(a) hereof.
(d) A copy of each such report shall, at the time of such transmission to HoldersSecurityholders, be filed by the Trustee with each national securities stock exchange upon which the Securities of any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities Series are listed on any national securities exchange or of any delisting thereof.and also with the
Appears in 2 contracts
Samples: Indenture (Chevron Canada Capital Co), Indenture (Chevron Canada Capital Co)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter[____], the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 date with respect 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):to:
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 asserts or may assert a claim a lien or charge, prior to that of the Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections Section 613(b)(2), (3), (4) or (6) hereof);
(54) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(75) any additional issue of Securities which the Trustee has not previously reported; and
(8) 6) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit transmit, or cause to be transmitted, by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims asserts or may assert a claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 2 contracts
Samples: Indenture (Boise Cascade Trust Iii), Indenture (Boise Cascade Trust Iii)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter1991, the Trustee shall transmit by mail to all HoldersHolders of Registered Securities of any series, as their names and addresses appear in the Security RegisterRegister and to all other Holders who are entitled to receive reports pursuant to Section 704(3), a brief report dated as of such May 15 with respect 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):
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608;
(2) the creation of or any material change to a relationship specified in paragraphs (1) through (10) of Section 608 hereof608(d);
(3) 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 SecuritiesSecurities of such series or any related coupons, 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 1/2 of 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesSecurities 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections Section 613(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesSecurities of such series, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit by mail to all HoldersHolders of Securities of any series, as their names and addresses appear in the Security RegisterRegister and to all Holders who are entitled to receive reports pursuant to Section 704(3), a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesSecurities of such series, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsectionsubsection, 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) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee in writing when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 2 contracts
Samples: Indenture (Potlatch Corp), Indenture (Potlatch Corp)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture On or before October 1, 20 , and within 60 days after May 15 on or before October 1 in every year thereafter, so long as required by the Trust Indenture Act, as then amended, and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, the Holders as their names hereinafter in this Section 7.3 provided and addresses appear in to the Security Register, Company a brief report report, dated as of such May 15 the preceding [ , 20 ], with respect to any of the following events which may have occurred within the previous 12 months prior to the date of such report (but if no such event has occurred within such period no report need be transmitted):
(1i) any change to its eligibility under Section 609 hereof 6.9, and its qualifications qualification under Section 608 hereof6.8;
(2ii) the creation of or any material change to a relationship specified in paragraphs (i) through (x) of Subsection (b) of Section 608 hereof6.8;
(3iii) 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 Securities, 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 1/2 one-half of 1% one per cent of the aggregate principal amount of the Outstanding Securities Outstanding on the date of such report;
(4iv) any change to the amount, interest rate rate, and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2paragraph (2), (3), (4) or (65) hereofof Subsection (b) of Section 6.13;
(5v) any change to the property and funds, if any, physically in the possession of the Trustee (as such such) on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7vi) any additional issue of Securities which the Trustee it has not previously reported; and
(8) vii) any action taken by the Trustee in the performance of its duties hereunder under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee it in accordance with the provisions of Section 602 hereof6.2.
(b) The Trustee shall transmit by mail to all the Holders, as their names hereinafter provided, and addresses appear in to the Security Register, Company a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to the provisions of Subsection (a) of this Section 703 7.3 (or if no such report has yet been so transmitted, since the date of execution of this instrumentIndenture) for the reimbursement of which it claims or may claim a lien or charge, charge prior to that of the Securities, Securities on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 per cent or less of the aggregate principal amount of the Outstanding Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 7.3 shall be delivered to all Holders in accordance with Section 17.3.
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any of the Securities are listed, listed and also with the Commission and with the CompanyCommission. The Company will promptly agrees to notify the Trustee when and as any of the Securities are become listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 2 contracts
Reports by Trustee. (a) Within 60 days after ____________ of each year, commencing ______________, 200___, the first May 15 which occurs not less than 60 days following Trustee shall, to the first date extent required by the Trust Indenture Act, transmit to all Holders of issuance of Debt Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterwith respect to which it acts as Trustee, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Registermanner hereinafter provided in this Section 7.03, a brief report dated as of such May 15 date with respect 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):
(1) any change to its eligibility under Section 609 hereof 6.09 and its qualifications under Section 608 hereof6.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof6.08(c) of this Indenture;
(3) 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 SecuritiesDebt 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 1/2 of 1% of the principal amount of the Outstanding Debt Securities Outstanding of such series on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesDebt 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Debt Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesDebt Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b) The Trustee shall transmit by mail to all Holders, as their Holders of Debt Securities of any series (whose names and addresses appear in the Security Registerinformation preserved at the time by the Trustee in accordance with Section 7.02 (a)) for which it acts as the Trustee, as hereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesDebt 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 Subsectionsubsection, 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 the 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 7.03 shall be transmitted by mail:
(1) to all Holders of Registered Securities, as the names and addresses of such Holders of Registered Securities appear in the Security Register; and
(2) except in the cases of reports pursuant to subsection (b) of this Section 7.03, to each Holder of a Debt Security of any series whose name and address appear in the information preserved at the time by the Trustee in accordance with Section 7.02(a).
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Debt Securities of such series are listed, with the Commission and also with the Company. The Company will promptly notify the Trustee when any series of Debt Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 2 contracts
Samples: Indenture (Scotts Company), Indenture (Genesee & Wyoming Inc)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter2001, the Trustee shall transmit by first class mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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):to:
(1) any change to its eligibility under Section 609 hereof 6.8 and its qualifications under Section 608 hereof6.7, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made of any advances 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, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;:
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the Securities) 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.12(b)(2), (3), (4) or (6) hereof);
(54) any change to the property and funds, if any, physically in the possession of the Trustee Trustee, as such Trustee, on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(75) any additional issue of Securities which the Trustee has not previously reported; and
(8) 6) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.2.
(b) The Trustee shall transmit by first class mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted transmitted, pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 2 contracts
Samples: Indenture (Kiewit Materials Co), Indenture (Peter Kiewit Sons Inc /De/)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 90 days after May 15 in every of each year thereaftercommencing with May 15, 1996, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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):to:
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Section, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 311(b)(2), (3), (4) or (6) hereofof the Trust Indenture Act;
(54) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(75) any additional issue of Securities which the Trustee has not previously reported; and
(8) 6) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to the Holders, be filed by the Trustee with each national securities stock exchange upon which any the Securities are listed, with the Commission and also with the Company. The Company will promptly notify the Trustee when any the Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 2 contracts
Samples: Collateralized Note Indenture (Huntway Partners L P), Collateralized Note Indenture (Huntway Partners L P)
Reports by Trustee. (a) Within 60 days after __________ of each year commencing with the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter20__, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 __________ with respect to any of the following events which may have occurred within the previous prior 12 months (but if no such event has occurred within such period no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 6.09 and its qualifications under Section 608 hereof6.08;
(2) the creation of or any material change to a relationship specified in Section 608 hereof310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(3) the character and amount of any advances (and if the Trustee elects so to state, state the circumstances surrounding the making thereof) made by the Trustee (as such) which that 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, 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 1/2 of 1% of the principal amount of the Outstanding Securities Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which that it has not previously reported and which that in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this 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 the Outstanding Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any the Securities are listed, listed and also with the Commission and with the CompanyCommission. The Company will promptly notify the Trustee when any the Securities are listed on any national securities exchange or of any delisting thereofexchange.
Appears in 2 contracts
Samples: Senior Indenture (Black Beauty Coal Co), Subordinated Indenture (Black Beauty Coal Co)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following Reporting Date occurring subsequent to the first date of initial issuance of Securities of any series under this Indenture hereunder and within 60 days after May 15 in every year each Reporting Date occurring thereafter, the Trustee shall transmit by mail to all the Holders, as their names and addresses appear in the Security Registerhereinafter provided, a brief report (but in no event shall such report be transmitted more than twelve months after the date of the initial issuance of the Securities in the case of the first such report and at stated intervals of more than twelve months in the case of each subsequent report) dated as of such May 15 Reporting Date with respect to any of the following events which may have occurred within during the previous 12 twelve months preceding the date of such report (but if no such event has occurred within such period period, no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 7.09 and its qualifications under Section 608 hereof7.08;
(2) the creation of or any material change to a relationship specified in Section 608 hereof310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(3) the character and amount of any advances (and 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding for which it is Trustee on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 7.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof7.02.
(b) The Trustee shall transmit by mail to all the Holders, as their names and addresses appear in the Security Registerhereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsectionsubsection, 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 Outstanding for which it is Trustee at such time, such report to be transmitted within 90 days after such time.
(c) All reports required by this Section 8.03, and all other reports or notices which are required by any other provision of this Indenture to be transmitted in accordance with the provisions of this Section 8.03, shall be transmitted by mail: (i) to all registered Holders, as their names and addresses appear in the Security Register; (ii) to such Holders of such series as have, within the 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) of this Section 8.03, to all Holders of such series whose names and addresses have been furnished to or received by the Trustee pursuant to Section 8.01. A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 2 contracts
Samples: Indenture (Centennial Puerto Rico Operations Corp), Subordinated Indenture (Century Communications Corp)
Reports by Trustee. (a) Within 60 days after May 15 of each year commencing with the first May 15 which occurs not less than 60 days following after the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterSecurities, the Trustee shall transmit by mail to all the Holders, as their names and addresses appear in the Security Registermanner and to the extent provided in TIA Section 313(c), a brief report dated as of such May 15 with respect 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):
(1) any change to its eligibility under required by TIA Section 609 hereof and its qualifications under Section 608 hereof;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such 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 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 an Indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2313(a), (3), (4) or (6) hereof;
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof.
(b) . The Trustee shall transmit by mail to all the Holders, as their names and addresses appear in within the Security Register, times hereinafter specified a brief report with respect to the following:
(1) the release, or release and substitution, of property subject to the lien any Lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, as set forth in the Officers' Certificate or Opinion of Counsel required by TIA Section 314(d), is less than 10% 10 per centum of the aggregate principal amount of the Securities outstanding Outstanding at the time of such release, or such release and substitution, and such report to be so transmitted within 90 days after such time; and
(2) 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 (it as such) such since the date of the last report transmitted pursuant to Subsection (athe provisions of TIA Section 313(a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) the Indenture), for the reimbursement of which it claims or may claim a lien Lien or charge, prior to that of the Indenture Securities, on the trust estate or on property or funds held or collected by it as Trustee such Trustee, and which it has not previously reported pursuant to this Subsectionclause (2), 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 10 per centum of the aggregate principal amount of the Securities Outstanding at such time, such report to be so transmitted within 90 days after such time.
(c) A . To the extent required by applicable laws, rules and regulations, a copy of each such report shall, at the time of such transmission to the Holders, be filed by the Trustee with each national securities exchange stock exchange, if any, upon which any the Securities are listed, and also with the Commission.
(b) The Trustee shall transmit by mail to the Casino Control Commission and the Division of Gaming Enforcement (i) an initial list of the beneficial Holders of the Securities promptly after the issuance of the Securities, (ii) current lists of the Holders appearing in the Security Register on a twice-per-year basis, no later than March 1 and September 1 of each year, and (iii) upon request by the Casino Control Commission or the Division of Gaming Enforcement, such additional information with respect to the Companybeneficial Holders of the Securities as the Trustee may obtain through its good faith efforts.
(c) The Trustee shall notify the Casino Control Commission and the Division of Gaming Enforcement, simultaneously with any notice given to the Holders, of any default or acceleration under the Securities, this Indenture, the Security Documents, or any other documents, instrument, agreement, covenant, or condition related to the issuance of the Securities, whether declared or effectuated by the Trustee or the Holders. The Company will promptly Trustee shall notify the Trustee when any Securities are listed Casino Control Commission and the Division of Gaming Enforcement on any national securities exchange or a continuing basis and in writing, of any delisting thereofactions taken by the Trustee or the Holders with regard to such default, acceleration or similar matters related thereto.
(d) The Trustee shall notify the Casino Control Commission and the Division of Gaming Enforcement of the removal or resignation of the Trustee promptly after such removal or resignation.
(e) The Trustee shall provide to the Casino Control Commission and the Division of Gaming Enforcement, promptly after the execution by the Trustee of the same, copies of any and all amendments or modifications to this Indenture, the Securities, the Security Documents, or any other documents, instrument, agreement, covenant or condition related to the issuance of the Securities.
Appears in 2 contracts
Samples: Indenture (Gb Property Funding Corp), Indenture (Gb Property Funding Corp)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date initial Regular Record Date of issuance of Securities of any series under this Indenture and within 60 days after May 15 each calendar year, commencing in every year thereafter2003, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, Holders of Securities a brief report report, dated as of such May 15 date, of such year with respect 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):
(1i) any change to its eligibility under Section 609 hereof 6.09 and its qualifications under Section 608 hereof6.08;
(2ii) the creation of or any material change to a relationship specified in Section 608 hereof6.08;
(3iii) 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 Securities, 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 1/2 one-half of 1% one percent of the principal amount of the Securities Outstanding outstanding on the date of such report;
(4iv) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(26.13(b)(ii), (3iii), (4iv) or (6) hereofvi);
(5v) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7vi) any additional issue of Securities which the Trustee has not previously reported; and
(8) vii) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, Holders of Securities a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 7.03 (or if no such report has yet been so transmitted, since the date of execution of this instrumentIndenture) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding securities outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities U.S. stock exchange upon which any Securities are listed, with the Commission listed and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofU.S. stock exchange.
Appears in 1 contract
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter1992, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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):to:
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections Section 613(b)(2), (3), (4) or (6) hereof);
(54) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(75) any additional issue of Securities which the Trustee has not previously reported; and
(8) 6) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Indenture (Sonoco Products Co)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter1994, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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 period, no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 6.09 and its qualifications under Section 608 hereof6.08, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in paragraphs (1) through (10) of Section 608 hereof6.08(c);
(3) 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 Securities, on the trust estate or 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such such) on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, or the Securities of any series, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on the trust estate or on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Indenture (Tribune Co)
Reports by Trustee. (a) Within 60 days after On or before the first May 15 which occurs not less than 60 days July 15th following the first date of issuance execution of Securities of any series under this Indenture Indenture, and within 60 days after May on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, the Securityholders as their names and addresses appear hereinafter in the Security Registerthis Section 5.04 provided, a brief report dated as of such the preceding May 15 with respect 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):
(1) any change to its eligibility under Section 609 hereof 7.09, and its qualifications under Section 608 hereof7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof7.08(d);
(3) 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 SecuritiesSecurities of 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 state such advances if such advances so remaining unpaid aggregate not more than 1/2 one-half of 1% one percent of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2paragraph (2), (3), (4) or (6) hereofof 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 such) on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee it in accordance with the provisions of Section 602 hereof6.10.
(b) The Trustee shall transmit by mail to all Holdersthe Securityholders, as their names and addresses appear in the Security Registerhereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection the provisions of subsection (a) of this Section 703 5.04 (or if no such report has yet been so transmitted, since the date of execution of this instrument) Indenture), for the reimbursement of which it claims or may claim a lien or charge, charge prior to that of the Securities, Securities of any series on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this Subsectionsubsection, 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 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 5.04 shall be transmitted by mail (i) to all Holders of Securities of any series, as the names and addresses of such Holders shall appear upon the Register of the Securities of such series, (ii) to such Holders of Securities as have, within the 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) of this Section 5.04 to each Holder whose name and address are preserved at the time by the Trustee as provided in Section 5.02(a) hereof.
(d) A copy of each such report shall, at the time of such transmission to HoldersSecurityholders, be filed by the Trustee with each national securities stock exchange upon which the Securities of any Securities series are listed, listed and also with the Commission and with the CompanyCommission. The Company will promptly notify the Trustee when and as the Securities of any Securities are series become listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Reports by Trustee. (a1) Within 60 sixty (60) days after of June __ each year commencing with the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter2000, the Trustee shall transmit by mail to all HoldersDebentureholders, as their names and addresses appear in the Security Registerhereafter provided for, a brief report dated as of such May 15 with respect 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 following, provided that no report need be transmitted):transmitted if no event requiring to be disclosed in the report has occurred:
(1a) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such Section, a written statement to such effect;
(2b) the creation of or any material change to a relationship specified in paragraphs (e) through (f) of subsection (3) of Section 608 hereof608;
(3c) 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 SecuritiesDebentures, on the trust estate or 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 the unpaid aggregate of such advances so remaining unpaid aggregate does not more than exceed 1/2 of 1% of the principal amount of the Securities Debentures Outstanding on the date of such report;
(4d) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesDebentures) to the Trustee in its individual corporate capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 613(2) (b), (3c), (4d) or (6) hereoff);
(5e) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7f) any additional issue of Securities Debentures which the Trustee has not previously reported; and
(8) g) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesDebentures, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b2) The Trustee shall transmit by mail to all HoldersDebentureholders, as their names and addresses appear in the Security Debenture Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a1) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesDebentures, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsectionsubsection, 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 Debentures Outstanding at such time, such report to be transmitted within 90 days after such time.
(c3) Reports pursuant to this Section 704 shall be transmitted by mail to all Debentureholders, as the names and addresses of such Debentureholders appear upon the Debenture Register.
(4) A copy of each such report shallreport, at the time of such transmission to HoldersDebentureholders, shall be filed by the Trustee with each national securities stock exchange or market upon which any Securities the Debentures are listed, with the Commission Commission, if required, and with the Company. The Company will promptly notify the Trustee when any Securities the Debentures are listed on any national securities exchange or of any delisting thereof.stock exchange. END OF ARTICLE SEVEN. ARTICLE EIGHT CONSOLIDATION, MERGER, CONVEYANCE, TRANSFER OR LEASE
Appears in 1 contract
Samples: Indenture (Paper Warehouse Inc)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter2006, the Trustee shall transmit by mail to all HoldersHolders of Debt Securities of any series with respect to which it acts as Trustee, as their names and addresses appear provided in the Security RegisterSubsection (c) of this Section, a brief report dated as of such May 15 with respect to any of the following events which may have occurred within the previous 12 twelve months (but if no such event has occurred within such period period, no report need be transmitted):
(1i) any change to its eligibility under Section 609 hereof 6.9 and its qualifications under Section 608 hereof;6.8.
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3ii) 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 SecuritiesDebt Securities of such series or any related coupons, 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 1/2 of 1% of the principal amount of the Outstanding Debt Securities Outstanding of such series on the date of such report;
(4iii) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesDebt 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof;).
(5iv) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7v) any additional issue of Debt Securities which the Trustee has not previously reported; and
(8) vi) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Debt Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.2; provided, however, that if the Trust Indenture Act is amended subsequent to the date hereof to eliminate the requirement of the Trustee's brief report, the report required by this Section need not be transmitted to any Holders.
(b) The Trustee shall transmit by mail to all HoldersHolders of Debt Securities of any series for which it acts as the Trustee, as their names and addresses appear provided in the Security RegisterSubsection (c) of this Section, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien right or charge, prior to that of the SecuritiesDebt 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, 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 the 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:
(i) to all Holders of Registered Securities, as the names and addresses of such Holders appear in the Security Register;
(ii) to such Holders of Bearer Securities as have, within the 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) of this Section, to each Holder of a Debt Security whose name and address is preserved at the time by the Trustee, as provided in Section 7.2(a).
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Debt Securities of such series are listed, with the Commission and also with the Company. The Company will promptly notify the Trustee when any series of Debt Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter2005, the Trustee shall transmit by mail to all HoldersHolders of Securities for which it is Trustee hereunder, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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):to:
(1) any change to its eligibility under Section 609 hereof 6.9 and its qualifications under Section 608 hereof6.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 such Securities, 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 1/2 of 1% of the principal amount of the such Securities Outstanding on the date of such report;
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(54) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(75) any additional issue of Securities for which it is Trustee hereunder which the Trustee has not previously reported; and
(8) 6) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the such Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.2.
(b) The Trustee shall transmit by mail to all HoldersHolders of Securities for which it is Trustee hereunder, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the such Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsectionsubsection, 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 such Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to such Holders, be filed by the Trustee with each national securities exchange upon which any such Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any such Securities are listed on any national securities exchange or of any delisting thereofexchange.
Appears in 1 contract
Samples: Indenture (Citigroup Capital Xii)
Reports by Trustee. (a) Within 60 days after If required under Section 313(a) of the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Trust Indenture and Act, within 60 days after May 15 in every April 1 of each year thereaftercommencing with the year 1999, so long as any of the Securities are outstanding, the Trustee shall transmit by mail to all Holders, as their names and addresses appear provided in the Security Registersubsection 7.03(c), a brief report dated as of such May 15 April 1 with respect 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 by transmitted):
(1i) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof;
(2) 6.09 or the creation of or any material change to a relationship specified in its qualifications under Section 608 hereof6.08;
(3ii) 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 Securities, 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 1/2 one-half of 1% one percent of the principal amount of the Securities Outstanding of such series on the date of such report;
(4iii) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2), (3), (4Section 6.13(b)(ii),(iii),(iv) or (6) hereofvi);
(5iv) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7v) any additional issue of Securities which the Trustee has not previously reported; and
(8) vi) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear provided in the Security Registersubsection 7.03(c), a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a7.03(a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding of such series 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:
(i) to all Holders of Securities, as the names and addresses of such Holders appear in the Security Register as of a date not more than fifteen days prior to the mailing thereof;
(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 case of reports pursuant to subsection 7.03(b), to all Holders of Securities whose names and addresses have been received by the Trustee pursuant to Section 7.01.
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Indenture (Pitney Bowes Credit Corp)
Reports by Trustee. (a) Within 60 days after _________________________ of each year commencing with the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter199____, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 ________________ with respect 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 period, no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 6.9 and its qualifications under Section 608 hereof6.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in paragraphs (1) through (10) of Section 608 hereof6.8(c);
(3) 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 Securities, on the trust estate or 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such such) on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereof.
Appears in 1 contract
Samples: Indenture (Belo a H Corp)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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):
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such 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 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 an Indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2), (3), (4) or (6) hereof;
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofexchange.
Appears in 1 contract
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter2001, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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):to:
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections Section 613(b)(2), (3), (4) or (6) hereof);
(54) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(75) any additional issue of Securities which the Trustee has not previously reported; and
(8) 6) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereof.the
Appears in 1 contract
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter1990, the Trustee shall transmit by mail to all HoldersHolders of Securities, as their names and addresses appear provided in the Security RegisterSubsection (c) of this Section, a brief report dated as of such May 15 with respect 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):
(1i) any change to its eligibility under Section 609 hereof 6.9 and its qualifications under Section 608 hereof6.8;
(2ii) the creation of or any material change to a relationship specified in paragraph (i) through (x) of Section 608 hereof6.8(d);
(3iii) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(4iv) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor obliger on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(ii), (3iii), (4iv) or (6) hereofvi);
(5v) any change to the property and funds, if any, physically in the possession of the Trustee as such on the date of such report;
(6vi) any change to any release, or release and substitution, of property subject to the lien of this Indenture, if any the indenture (and the consideration therefor, if any) which it has not previously reported;
(7vii) any additional issue of Securities which the Trustee has not previously reported; and
(8) viii) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.2, provided however, that if the Trust Indenture Act is amended subsequent to the date hereof to eliminate the requirement of the Trustee's brief report, the report required by this Section need not be transmitted to any Holders.
(b) The Trustee shall transmit by mail to all HoldersHolders of Securities, as their names and addresses appear provided in the Security Registersubsection (c) of this Section, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this Subsectionsubsection, 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 Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section and Section 6.2 shall be transmitted by mail:
(i) to all Holders of Securities, as the names and addresses of such Holders appear in the Security Register; and
(ii) except in the case of reports pursuant to subsection (b) of this Section, to each Holder of a Security whose name and address is preserved at the time by the Trustee, as provided in Section 7.2(a).
(d) A copy of each such report shall, at the time of such transmission to HoldersHolders of Securities, be filed by the Trustee with each national securities any stock exchange upon which any the Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter, the The Trustee shall transmit by mail to all Holdersthe Holders as hereinafter provided, as their names and addresses appear on or prior to July 15 in the Security Registereach year, a brief report dated as of such May 15 with respect 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 period, no report need be transmitted):
(1) any change to in its eligibility under Section 609 hereof and its qualifications under Section 608 hereof909;
(2) the creation of or any material change to a relationship specified in paragraphs (1) through (10) of Section 608 hereof310(b) of the Trust Indenture Act;
(3) 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 Securities, on any property or -58- 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 1/2 of 11 % of the principal amount of the Securities Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 913(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any Indenture (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesSecurities or the Securities of any series, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof902.
(b) The Trustee shall transmit by mail to all the Holders, as their names and addresses appear provided in the Security Registersubsection (c) of this Section, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrumentIndenture) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsectionsubsection, 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 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
(1) to all Holders, as their names and addresses appear in the Security Register;
(2) to such Holders as have, within two years preceding such transmission, filed their names and addresses with the Trustee for that purpose; and
(3) except in the case of reports pursuant to subsection (b) of this Section, to each Holder whose name and address is preserved at the time by the Trustee, as provided in Section 1002(a).
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofexchange.
Appears in 1 contract
Samples: Indenture (Atmos Energy Corp)
Reports by Trustee. (a) Within 60 The Trustee shall, within sixty (60) days after the first May 15 which occurs not less than 60 days each March 1 following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterIssue Date, transmit to the Trustee shall transmit by mail to all Holders, Holders as their names and addresses appear in the Security Registerhereinafter provided, a brief report dated as of each such May 15 March 1 with respect 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 period, no report need be transmitted):
(1) any change to in its eligibility under Section 609 hereof and its qualifications under Section 608 hereof908;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof310(b) of the Trust Indenture Act;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such 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 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 913(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien Lien of this Indenture, if any Indenture (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesSecurities or the Securities of any series, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof902.
(b) The Trustee shall transmit by mail to all the Holders, as their names and addresses appear provided in the Security Registersubsection (c) of this Section, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrumentIndenture) for the reimbursement of which it claims or may claim a lien Lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsectionsubsection, 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 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;
(1) to all Holders, as their names and addresses appear in the Security Register; and
(2) to such Holders as have, within two years preceding such transmission, filed their names and addresses with the Trustee for that purpose; and
(3) except in the case of reports pursuant to subsection (b) of this Section, to each Holder whose name and address is preserved at the time by the Trustee, as provided in Section 1502(a).
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will shall promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Indenture (360 Communications Co)
Reports by Trustee. (a) Within 60 days after September 15 of each year commencing with the first May September 15 which occurs not less than 60 days following occurring after the first date of initial issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterhereunder, the Trustee shall transmit by mail to all Holdersthe Holders of Securities, as their names and addresses appear provided in the Security RegisterSubsection (d) of this Section, a brief report dated as of such May September 15 with respect to any of the following events which may have occurred within during the previous 12 twelve months preceding the date of such report (but if no such event has occurred within such period period, no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 709 and its qualifications under Section 608 hereof708;
(2) the creation of or any material change to a relationship specified in Section 608 hereof310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 713(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof702.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereof.
Appears in 1 contract
Samples: Indenture (Washington Post Co)
Reports by Trustee. (a) Within 60 days after On or before the first May 15 which occurs not less than 60 days July 15th following the first date of issuance execution of Securities of any series under this Indenture Subordinated Indenture, and within 60 days after May on or before July 15 in every year thereafter, if and so long as any Subordinated Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, the Subordinated Securityholders as their names and addresses appear hereinafter in the Security Registerthis Section 5.04 provided, a brief report dated as of such the preceding May 15 with respect 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):
(1) any change to its eligibility under Section 609 hereof 7.09, and its qualifications under Section 608 hereof7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof7.08(d);
(3) 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 SecuritiesSubordinated Securities of 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 state such advances if such advances so remaining unpaid aggregate not more than 1/2 one- half of 1% one percent of the principal amount of the Subordinated Securities of such series Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the Subordinated 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2paragraph (2), (3), (4) or (6) hereofof 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 such) on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Subordinated Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder under this Subordinated Indenture which it has not previously reported and which in its opinion materially affects the Subordinated Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee it in accordance with the provisions of Section 602 hereof6.10.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereof.
Appears in 1 contract
Samples: Subordinated Indenture (Covad Communications Group Inc)
Reports by Trustee. 49
(a) Within 60 days after May 15 of each year commencing with the first May 15 which occurs not less than 60 days following after the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterSecurities, the Trustee shall transmit by mail to all the Holders, as their names and addresses appear in the Security Registermanner and to the extent provided in TIA Section 313(c), a brief report dated as of such May 15 with respect 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):
(1) any change to its eligibility under required by TIA Section 609 hereof and its qualifications under Section 608 hereof;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such 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 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 an Indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2313(a), (3), (4) or (6) hereof;
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof.
(b) . The Trustee shall transmit by mail to all the Holders, as their names and addresses appear in within the Security Register, times hereinafter specified a brief report with respect to the following:
(1) the release, or release and substitution, of property subject to the lien any Lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, as set forth in the Officers' Certificate or Opinion of Counsel required by TIA Section 314(d), is less than 10% 10 per centum of the aggregate principal amount of the Securities outstanding Outstanding at the time of such release, or such release and substitution, and such report to be so transmitted within 90 days after such time; and
(2) 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 (it as such) such since the date of the last report transmitted pursuant to Subsection (athe provisions of TIA Section 313(a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) the Indenture), for the reimbursement of which it claims or may claim a lien Lien or charge, prior to that of the Indenture Securities, on the trust estate or on property or funds held or collected by it as Trustee such Trustee, and which it has not previously reported pursuant to this Subsectionclause (2), 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 10 per centum of the aggregate principal amount of the Securities Outstanding at such time, such report to be so transmitted within 90 days after such time.
(c) A . To the extent required by applicable laws, rules and regulations, a copy of each such report shall, at the time of such transmission to the Holders, be filed by the Trustee with each national securities exchange stock exchange, if any, upon which any the Securities are listed, and also with the Commission.
(b) The Trustee shall transmit by mail to the Casino Control Commission and the Division of Gaming Enforcement (i) an initial list of the beneficial Holders of the Securities promptly after the issuance of the Securities, (ii) current lists of the Holders appearing in the Security Register on a twice-per-year basis, no later than March 1 and September 1 of each year, and (iii) upon request by the Casino Control Commission or the Division of Gaming Enforcement, such additional information with respect to the Companybeneficial Holders of the Securities as the Trustee may obtain through its good faith efforts.
(c) The Trustee shall notify the Casino Control Commission and the Division of Gaming Enforcement, simultaneously with any notice given to the Holders, of any default or acceleration under the Securities, this Indenture, the Security Documents, or any other documents, instrument, agreement, covenant, or condition related to the issuance of the Securities, whether declared or effectuated by the Trustee or the Holders. The Company will promptly Trustee shall notify the Trustee when any Securities are listed Casino Control Commission and the Division of Gaming Enforcement on any national securities exchange or a continuing basis and in writing, of any delisting thereofactions taken by the Trustee or the Holders with regard to such default, acceleration or similar matters related thereto.
(d) The Trustee shall notify the Casino Control Commission and the Division of Gaming Enforcement of the removal or resignation of the Trustee promptly after such removal or resignation.
(e) The Trustee shall provide to the Casino Control Commission and the Division of Gaming Enforcement, promptly after the execution by the Trustee of the same, copies of any and all amendments or modifications to this Indenture, the Securities, the Security Documents, or any other documents, instrument, agreement, covenant or condition related to the issuance of the Securities.
Appears in 1 contract
Samples: Indenture (Gb Holdings Inc)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every of each year thereaftercommencing with May 15, 2005, the Trustee shall transmit by mail to all the Holders, as their names and addresses appear in the Security Registermanner and to the extent provided in TIA Section 313(c), a brief report dated as of such May 15 January 31 if required by TIA Section 313(a). ARTICLE EIGHT MERGER, CONSOLIDATION, OR SALE OF ASSETS SECTION 801. COMPANY MAY CONSOLIDATE, ETC., ONLY ON CERTAIN TERMS. The Company may not consolidate or merge with respect or into or wind up into (whether or not the Company is the surviving corporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets in one or more related transactions, to any Person unless:
(i) the Company is the surviving corporation or the Person formed by or surviving any such consolidation or merger (if other than the Company) or to which such sale, assignment, transfer, lease, conveyance or other disposition will have been made is a corporation organized or existing under the laws of the following events which United States, any state thereof, the District of Columbia, or any territory thereof (the Company or such Person, as the case may have occurred within be, being herein called the previous 12 months (but if no such event has occurred within such period no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof“Successor Company”);
(2ii) the creation Successor Company (if other than the Company) expressly assumes all the obligations of or any material change the Company under this Indenture and the Notes pursuant to a relationship specified supplemental indenture or other documents or instruments in Section 608 hereofform reasonably satisfactory to the Trustee;
(3iii) the character and amount immediately after such transaction, no Default or Event 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such reportDefault exists;
(4iv) any change immediately after giving pro forma effect to such transaction, as if such transaction had occurred at the amountbeginning of the applicable four-quarter period, interest rate (A) the Successor Company would be permitted to incur at least $1.00 of additional Indebtedness under paragraph (a) of Section 1010, or (B) the Fixed Charge Coverage Ratio for the Successor Company and maturity date of all other Indebtedness owing by its Restricted Subsidiaries would be greater than such Ratio for the Company (or by any other obligor on the Securities) and its Restricted Subsidiaries immediately prior 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 Sections 613(b)(2), (3), (4) or (6) hereoftransaction;
(5v) any change each Guarantor, unless it is the other party to the property and fundstransactions described above, if anyin which case clause (ii) shall apply, physically in the possession of the Trustee as shall have by supplemental indenture confirmed that its Guarantee shall apply to such on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of Person’s obligations under this Indenture, if any (Indenture and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reportedNotes; and
(8) any action taken by vi) the Company shall have delivered to the Trustee an Officers’ Certificate and an Opinion of Counsel, each stating that such consolidation, merger or transfer and if a supplemental indenture is required in connection with such transaction, such supplemental indenture, comply with the performance requirements of this Indenture. Notwithstanding the foregoing clauses (iii) and (iv), (a) any Restricted Subsidiary may consolidate with, merge into or transfer all or part of its duties hereunder which it has not previously reported properties and which in its opinion materially affects assets to the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof.
Company and (b) The Trustee the Company may merge with an Affiliate incorporated solely for the purpose of reincorporating the Company in another State of the United States so long as the amount of Indebtedness of the Company and its Restricted Subsidiaries is not increased thereby. SECTION 802. GUARANTORS MAY CONSOLIDATE, ETC., ONLY ON CERTAIN TERMS. Subject to Section 1209, each Guarantor shall transmit by mail to all Holdersnot, as their names and addresses appear in the Security RegisterCompany shall not permit a Guarantor to, a brief report consolidate or merge with respect to or into or wind up into (1) whether or not such Guarantor is the releasesurviving corporation), or release and substitutionsell, assign, transfer, lease, convey or otherwise dispose of property subject to the lien all or substantially all of this Indenture (and the consideration thereforits properties or assets, if any) in one or more related transactions to, any Person, unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time and after giving effect:
(A) (i) such Guarantor is the surviving corporation or the Person formed by or surviving any such consolidation or merger (if other than such Guarantor) or to which such sale, assignment, transfer, lease, conveyance or other disposition will have been made is a corporation organized or existing under the laws of such releasethe United States, any State thereof, the District of Columbia, or release and substitutionany territory thereof (such Guarantor or such Person, and (2) as the character and amount of any advances (and if case may be, being herein called 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 Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereof.“Successor Guarantor”);
Appears in 1 contract
Samples: Indenture (Accuride Corp)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date 30 of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every each year thereaftercommencing with 1993, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 30 with respect to any of the following events which may have occurred within in the previous 12 twelve months (but if no such event has occurred within such period no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608;
(2) the creation of or any material change to a relationship specified in paragraphs (1) through (10) of subsection (c) of Section 608 hereof608;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company Issuer or the Guarantors (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 613(b) (2), (3), (4) or (6) hereof;)
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsectionsubsection, 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 Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission listed and with the CompanyIssuer and the Guarantors. The Company Issuer will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Indenture (Lloyds Banking Group PLC)
Reports by Trustee. (a) Within 60 days after On or before the first May 15 which occurs not less than 60 days September 15th following the first date of issuance execution of Securities of any series under this Indenture Indenture, and within 60 days after May on or before September 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, the Securityholders as their names and addresses appear hereinafter in the Security Registerthis Section 5.4 provided, a brief report dated as of the August 15 immediately preceding such May September 15 with respect to any of the following events which may have occurred within the previous 12 months preceding such August 15 (but if no such event has occurred within such period no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 7.9, and its qualifications under Section 608 hereof7.8;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof7.8(d);
(3) 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 SecuritiesSecurities of 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 state such advances if such advances so remaining unpaid aggregate not more than 1/2 one-half of 1% one percent of the principal amount of the Securities of such Series Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company Corporation (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2paragraph (2), (3), (4) or (6) hereofof 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 such) on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee it in accordance with the provisions of Section 602 hereof6.10.
(b) The Trustee shall transmit by mail to all Holdersthe Securityholders, as their names and addresses appear in the Security Registerhereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection the provisions of subsection (a) of this Section 703 5.4 (or if no such report has yet been so transmitted, since the date of execution of this instrument) Indenture), for the reimbursement of which it claims or may claim a lien or charge, charge prior to that of the Securities, Securities of any Series on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this Subsectionsubsection, 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 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 5.4 shall be transmitted by mail (i) to all Holders of Securities of any Series, as the names and addresses of such Holders shall appear upon the Register of the Securities of such Series, (ii) to such Holders of Securities as have, within the 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) of this Section 5.4 to each Holder whose name and address are preserved at the time by the Trustee as provided in Section 5.2(a) hereof.
(d) A copy of each such report shall, at the time of such transmission to HoldersSecurityholders, be filed by the Trustee with each national securities stock exchange upon which the Securities of any Securities Series are listed, listed and also with the Commission and with the CompanyCommission. The Company Corporation will promptly notify the Trustee when and as the Securities of any Securities are Series become listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Indenture (Providian Financing Iv)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter1987, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Debenture Register, a brief report dated as of such May 15 with respect 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):to:
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 SecuritiesDebentures, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) 72 64 to report such advances if such advances so remaining unpaid aggregate not more than 1/2 of 1% of the principal amount of the Securities Debentures Outstanding on the date of such report;
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesDebentures, including, without limitation, the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections Section 613(b)(2), (3), (4) or (6) hereof);
(54) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(75) any additional issue of Securities Debentures which the Trustee has not previously reported; and
(8) 6) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesDebentures, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Debenture Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesDebentures, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Debentures Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities the Debentures are listed, with the Commission and with the CompanyCompany and the 73 65 Guarantor. The Company will promptly notify the Trustee when any Securities the Debentures are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Indenture (Maxtor Corp)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date year after the Issue Date of issuance a Series of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterBonds, the Trustee shall transmit by mail to all HoldersHolders of Bonds of such Series, as their names and addresses appear in the Security RegisterBond Register for such Series, a brief report dated as of such May 15 February 28, ("reporting date") with respect 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):to:
(1) any change to its eligibility under Section 609 hereof 7.09 and its qualifications under Section 608 hereof7.08, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 reportreporting date, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesBonds of such Series, on the Trust Estate for such Series or on any property or funds held or collected by it as TrusteeTrustee with respect to such Series, 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 1/2 of 1% of the principal amount of the Securities Bonds Outstanding for such Series on the date of such reportreporting date;
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company Issuer (or by any other obligor on the SecuritiesBonds of such Series) to the Trustee in its individual capacity, on the date of such reportreporting date, with a brief description of any property held as collateral security therefor, except an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2), (3), Section 7.13;
(4) or (6) hereof;
(5) any change to the property and fundsfunds relating to such Series, if any, physically in the possession of the Trustee as such on the date of such reportreporting date;
(65) any release, or release and substitution, of any property relating to such Series subject to the lien of this Indenture, if any the Standard Provisions Indenture (and the consideration therefortherefore, if any) which it has not previously reported;
(76) any additional issue of Securities Bonds of such Series which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesBonds of such Series or the Trustee Estate securing such Series, except action in respect of a defaultDefault, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof7.02.
(b) The Trustee shall transmit by mail to all HoldersHolders of Bonds of a Series, as their names and addresses appear in the Security RegisterBond Register for such Series of Bonds, a brief report with respect to (1) the release, or release and substitution, of property relating to such Series subject to the lien of this Standard Provisions Indenture (and the consideration therefor, if any) unless the fair value of such property, property is less than 10% of the principal amount of Securities outstanding the Bonds Outstanding of such Series at the time of such release, or such release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after of such time.
(c) A copy of each such report shall, at the time of such transmission to Holdersthe Holders of Bonds such Series, be filed by the Trustee with each national securities exchange upon which any Securities the Bonds of such Series are listed, and also with the Commission and with the CompanyCommission. The Company Issuer will promptly notify the Trustee when the Bonds of any Securities Series are listed on any national securities exchange or exchange.
(d) The Trustee shall transmit by mail to each Holder of any delisting thereofBonds of a Series a report with respect to the principal amount of the Bonds of such Series held by such Holder of Bonds of such Series as of the immediately preceding Payment Date and the amount of principal, interest and premium, if any, paid with respect to the Bonds of such Series held by such Holder of Bonds of such Series since the immediately preceding Payment Date.
Appears in 1 contract
Samples: Indenture (CRSM Securities Inc)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date ____ 1 of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereaftereach year, commencing ____1, 1997, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, Holders of Securities a brief report dated as of such May 15 ____ 1, of such year with respect 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):
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608;
(2) the creation of or any material change to a relationship specified in Section 608 hereof608;
(3) 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 Securities, 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 1/2 one-half of 1% one percentum of the principal amount of the Securities Outstanding outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, Holders of Securities a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding securities outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities U.S. stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any U.S. stock exchange. SECTION 704. Reports by Company ------------------ The Company shall:
(1) file with the Trustee, within 15 days after the Company is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) which the Company may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934; or, if the Company is not required to file information, documents or reports pursuant to either of said Sections and one or more series of the Securities is listed on a U.S. national securities exchange, then it shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934 in respect of a security listed and registered on a U.S. national securities exchange or as may be prescribed from time to time in such rules and regulations;
(2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Company with the conditions and covenants of this Indenture as way be required from time to time by such rules and regulations; and
(3) transmit by mail to all Holders of Securities within 30 days after the filing thereof with the Trustee, such summaries of any delisting thereof.information, documents and reports required to be filed by the Company pursuant to paragraphs (1) and (2) of this Section 704 as may be required by rules and regulations prescribed from time to time by the Commission. ARTICLE EIGHT
Appears in 1 contract
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter2008, the Trustee shall transmit by mail to all HoldersHolders of Securities, if required by Section 313(a) of the Trust Indenture Act and as their names and addresses appear provided in the Security RegisterSubsection (c) of this Section, a brief report dated as of such May 15 with respect 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):to:
(1i) any change to its eligibility under Section 609 hereof 6.9 and its qualifications under Section 608 hereof6.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2ii) the creation of or any material change to a relationship specified in paragraphs (1) through (10) of Section 608 hereof310(b) of the Trust Indenture Act;
(3iii) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(4iv) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(ii), (3iii), (4iv) or (6) hereofvi);
(5v) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7vi) any additional issue of Securities which the Trustee has not previously reported; and
(8) vii) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.2, provided however, that if the Trust Indenture Act is amended subsequent to the date hereof to eliminate the requirement of the Trustee’s brief report, the report required by this Section need not be transmitted to any Holders.
(b) The Trustee shall transmit by mail to all HoldersHolders of Securities, as their names and addresses appear provided in the Security Registersubsection (c) to this Section, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this Subsectionsubsection, 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 Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section and Section 6.2 shall be transmitted by mail:
(i) to all Holders of Securities, as the names and addresses of such Holders appear in the Security Register;
(ii) to such holders of indenture securities that have within the 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) of this Section, to each Holder of a Security whose name and address is preserved at the time by the Trustee, as provided in Section 7.2(a).
(d) A copy of each such report shall, at the time of such transmission to HoldersHolders of Securities, be filed by the Trustee with each national securities any stock exchange upon which any the Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Indenture (Gatx Corp)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every of each year thereaftercommencing with the year 1997, the Trustee shall transmit by mail to all Holdersthe Holders of Securities, as their names and addresses appear provided in the Security RegisterSubsection (c) of this Section, a brief report dated as of such May 15 with respect 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):
): (1i) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof;
608; (2ii) the creation of or any material change to a relationship specified in paragraphs (i) through (x) of Section 608 hereof;
608(c); (3iii) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
; (4iv) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 613(b)(ii), (3iii), (4iv) or (6) hereof;
vi); (5v) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7vi) any additional issue of Securities which the Trustee has not previously reported; and
and (8) vii) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof.
602. (b) The Trustee shall transmit by mail to all Holdersthe Holders of Securities, as their names and addresses appear provided in the Security RegisterSubsection (c) of this Section, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereof.44
Appears in 1 contract
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days of each year, commencing with the May 15 following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterhereunder, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, Holders a brief report dated as of such May 15 with respect 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):
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608;
(2) the creation of or any material change to a relationship specified in Section 608 hereof310(b) of the Trust Indenture Act;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2), (3), (4that is the subject of Section 311(b)(2),(3),(4) or (6) hereofof 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereof.
Appears in 1 contract
Samples: Indenture (Heinz H J Co)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date July 1 of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereaftereach year, commencing July 1, 2000, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, Holders of Securities a brief report dated as of such May 15 July 1, of such year with respect 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):
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608;
(2) the creation of or any material change to a relationship specified in Section 608 hereof608;
(3) 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 Securities, 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 1/2 one-half of 1% one percentum of the principal amount of the Securities Outstanding outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder a which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which which, has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, Holders of Securities a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding securities outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each United States national securities exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any United States national securities exchange or of any delisting thereofexchange.
Appears in 1 contract
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days of each year commencing with the year following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterSecurities, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Registermanner set forth in Section 106, a brief report dated as of such May 15 with respect 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):to:
(1A) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3B) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(4C) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company or the Guarantor (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections Section 613(b)(2), (3), (4) or (6) hereof);
(5D) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7E) any additional issue of Securities which the Trustee has not previously reported; and
(8) F) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Registermanner set forth in Section 106, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofexchange.
Appears in 1 contract
Samples: Indenture (FNB Corp/Fl/)
Reports by Trustee. (a) Within 60 days after September 15 of each year commencing with the first May September 15 which occurs not less than 60 days following occurring after the first date of initial issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterhereunder, the Trustee shall transmit by mail to all Holdersthe Holders of Securities, as their names and addresses appear provided in the Security RegisterSubsection (d) of this Section, a brief report dated as of such May September 15 with respect to any of the following events which may have occurred within during the previous 12 twelve months preceding the date of such report (but if no such event has occurred within such period period, no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608;
(2) the creation of or any material change to a relationship specified in Section 608 hereof310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 713(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereof.
Appears in 1 contract
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date initial Regular Record Date of issuance of Securities of any series under this Indenture and within 60 days after May 15 each calendar year, commencing in every year thereafter1998, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, Holders of Securities a brief report dated as of such May 15 date, of such year with respect 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):
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608;
(2) the creation of or any material change to a relationship specified in Section 608 hereof608;
(3) 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 Securities, 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 1/2 one-half of 1% one percent of the principal amount of the Securities Outstanding outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, Holders of Securities a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding securities outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities US stock exchange upon which any Securities are listed, with the Commission listed and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofUS stock exchange.
ARTICLE VIII CONSOLIDATION, MERGER, CONVEYANCE, SALE OR LEASE
Appears in 1 contract
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture On or before November 1, 1992, and within 60 days after May 15 on or before November 1 in every year thereafter, so long as required by the Trust Indenture Act of 1939, as then amended, and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, the Holders as their names hereinafter in this Section 7.3 provided and addresses appear in to the Security Register, Company a brief report report, dated as of such May 15 the preceding April 1, with respect to any of the following events which may have occurred within the previous 12 months prior to the date of such report (but if no such event has occurred within such period no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 6.9, and its qualifications qualification under Section 608 hereof6.8;
(2) the creation of or any material change to a relationship specified in paragraphs (1) through (10) of Section 608 hereof6.8;
(3) 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 Securities, 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 1/2 one-half of 1% one per cent of the aggregate principal amount of the Outstanding Securities Outstanding on the date of such report;
(4) any change to the amount, interest rate rate, and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2paragraph (2), (3), (4) or (6) hereofof Subsection (b) of Section 6.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such such) on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee it has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee it in accordance with the provisions of Section 602 hereof6.2.
(b) The Trustee shall transmit by mail to all the Holders, as their names hereinafter provided, and addresses appear in to the Security Register, Company a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to the provisions of Subsection (a) of this Section 703 7.3 (or if no such report has yet been so transmitted, since the date of execution of this instrument) Indenture for the reimbursement of which it claims or may claim a lien or charge, charge prior to that of the Securities, Securities on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 per cent or less of the aggregate principal amount of the Outstanding Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 7.3 shall be transmitted by mail to all Holders, as the names and addresses of such Holders appear upon the Security Register.
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any of the Securities are listed, listed and also with the Commission and with the CompanyCommission. The Company will promptly agrees to notify the Trustee when and as any of the Securities are become listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Indenture (Carnival Corp)
Reports by Trustee. (a) Within 60 days after January 15 of each year commencing with the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter1983, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May January 15 with respect 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):to: 58
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections Section 613(b)(2), (3), (4) or (6) hereof);
(54) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(75) any additional issue of Securities which the Trustee has not previously reported; and
(8) 6) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 princi- pal amount of the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Indenture (PPG Industries Inc)
Reports by Trustee. (a) Within 60 days after ______ of each year, commencing ______ ___, 20 ___, the first May 15 which occurs not less than 60 days following Trustee shall, to the first date extent required by the Trust Indenture Act, transmit to all Holders of issuance of Debt Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterwith respect to which it acts as Trustee, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Registermanner hereinafter provided in this Section 7.03, a brief report dated as of such May 15 date with respect 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):
(1) any change to its eligibility under Section 609 hereof 6.09 and its qualifications under Section 608 hereof6.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof6.08(c) of this Indenture;
(3) 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 SecuritiesDebt 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 1/2 of 1% of the principal amount of the Outstanding Debt Securities Outstanding of such series on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesDebt 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Debt Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesDebt Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b) The Trustee shall transmit by mail to all Holders, as their Holders of Debt Securities of any series (whose names and addresses appear in the Security Registerinformation preserved at the time by the Trustee in accordance with Section 7.02 (a)) for which it acts as the Trustee, as hereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesDebt 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 Subsectionsubsection, 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 the 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 7.03 shall be transmitted by mail:
(1) to all Holders of Registered Securities, as the names and addresses of such Holders of Registered Securities appear in the Security Register; and
(2) except in the cases of reports pursuant to subsection (b) of this Section 7.03, to each Holder of a Debt Security of any series whose name and address appear in the information preserved at the time by the Trustee in accordance with Section 7.02(a).
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Debt Securities of such series are listed, with the Commission and also with the Company. The Company will promptly notify the Trustee when any series of Debt Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Subordinated Debt Indenture (Scotts Miracle-Gro Co)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter1994, the Trustee shall transmit by mail to all HoldersHolders of Debt Securities of any series with respect to which it acts as Trustee, as their names and addresses appear provided in the Security RegisterSubsection (c) of this Section, a brief report dated as of such May 15 with respect to any of the following events which may have occurred within the previous 12 twelve months (but if no such event has occurred within such period period, no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 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 SecuritiesDebt Securities of such series or any related coupons, 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 1/2 of 11/2% of the principal amount of the Outstanding Debt Securities Outstanding of such series on the date of such report;
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesDebt 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections Section 613(b)(2), (3), (4) or (6) hereof);
(54) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(75) any additional issue of Debt Securities which the Trustee has not previously reported; and
(8) 6) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Debt Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof.
(b) The Trustee shall transmit by mail to all Holders602; provided, as their names and addresses appear in however, that if the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject Trust Indenture Act is amended subsequent to the lien of this Indenture (and date hereof to eliminate the consideration therefor, if any) unless the fair value of such property, is less than 10% requirement of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) the character and amount of any advances (and if the Trustee elects so to stateTrustee's brief report, the circumstances surrounding the making thereof) made report required by the Trustee (as such) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsection, except that the Trustee shall need not be required (but may elect) transmitted to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of the Securities Outstanding at such time, such report to be transmitted within 90 days after such timeHolders.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereof.
Appears in 1 contract
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following Reporting Date occurring subsequent to the first date of initial issuance of Securities of any series under this Indenture hereunder and within 60 days after May 15 in every year each Reporting Date occurring thereafter, the Trustee shall transmit by mail to all the Holders, as their names and addresses appear in the Security Registerhereinafter provided, a brief report (but in no event shall such report be transmitted more than twelve months after the date of the initial issuance of the Securities in the case of the first such report and at stated intervals of more than twelve months in the case of each subsequent report) dated as of such May 15 Reporting Date with respect to any of the following events which may have occurred within during the previous 12 twelve months preceding the date of the report (but if no such event has occurred within such period period, no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 7.09 and its qualifications under Section 608 hereof7.08, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(3) the character and amount of any advances (and 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding for which it is Trustee on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 7.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof7.02.
(b) The Trustee shall transmit by mail to all the Holders, as their names and addresses appear in the Security Registerhereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsectionsubsection, 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 Outstanding for which it is Trustee at such time, such report to be transmitted within 90 days after such time.
(c) All reports required by this Section 8.03, and all other reports or notices which are required by any other provision of this Indenture to be transmitted in accordance with the provisions of this Section 8.03, shall be transmitted by mail: (i) to all registered Holders, as their names and addresses appear in the Security Register; (ii) to such Holders of such series as have, within the 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) of this Section 8.03, to all Holders of such series whose names and addresses have been furnished to or received by the Trustee pursuant to Section 8.01. A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereof.the
Appears in 1 contract
Reports by Trustee. (a) Within 60 days after On or before the first May 15 which occurs not less than 60 days July 15th following the first date of issuance execution of Securities of any series under this Indenture Indenture, and within 60 days after May on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, the Securityholders as their names and addresses appear hereinafter in the Security Registerthis Section 5.04 provided, a brief report dated as of such the preceding May 15 with respect 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):
(1) any change to its eligibility under Section 609 hereof 7.09, and its qualifications under Section 608 hereof7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof7.08(d);
(3) 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 SecuritiesSecurities of 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 state such advances if such advances so remaining unpaid aggregate not more than 1/2 one—half of 1% one percent of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2paragraph (2), (3), (4) or (6) hereofof 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 such) on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee it in accordance with the provisions of Section 602 hereof6.10.
(b) The Trustee shall transmit by mail to all Holdersthe Securityholders, as their names and addresses appear in the Security Registerhereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection the provisions of subsection (a) of this Section 703 5.04 (or if no such report has yet been so transmitted, since the date of execution of this instrument) Indenture), for the reimbursement of which it claims or may claim a lien or charge, charge prior to that of the Securities, Securities of any series on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this Subsectionsubsection, 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 the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy Reports pursuant to this Section 5.04 shall be transmitted by mail (i) to all Holders of each such report shallSecurities of any series, at as the time names and addresses of such transmission Holders shall appear upon the Register of the Securities of such series, (ii) to Holderssuch Holders of Securities as have, be within the two years preceding such transmission, filed by their names and addresses with the Trustee with each national securities exchange upon which any Securities are listed, with for that purpose and (iii) except in the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or case of any delisting thereof.reports pursuant to subsection (b) of this
Appears in 1 contract
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter2008, the Trustee shall transmit by mail to all HoldersHolders of Securities, if required by Section 313(a) of the Trust Indenture Act and as their names and addresses appear provided in the Security RegisterSubsection (c) of this Section, a brief report dated as of such May 15 with respect 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):to:
(1i) any change to its eligibility under Section 609 hereof 6.9 and its qualifications under Section 608 hereof6.8, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2ii) the creation of or any material change to a relationship specified in paragraphs (1) through (10) of Section 608 hereof310(b) of the Trust Indenture Act;
(3iii) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(4iv) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(ii), (3iii), (4iv) or (6) hereofvi);
(5v) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7vi) any additional issue of Securities which the Trustee has not previously reported; and
(8) vii) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.2, provided however, that if the Trust Indenture Act is amended subsequent to the date hereof to eliminate the requirement of the Trustee's brief report, the report required by this Section need not be transmitted to any Holders.
(b) The Trustee shall transmit by mail to all HoldersHolders of Securities, as their names and addresses appear provided in the Security Registersubsection (c) to this Section, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this Subsectionsubsection, 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 Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section and Section 6.2 shall be transmitted by mail:
(i) to all Holders of Securities, as the names and addresses of such Holders appear in the Security Register;
(ii) to such holders of indenture securities that have within the 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) of this Section, to each Holder of a Security whose name and address is preserved at the time by the Trustee, as provided in Section 7.2(a).
(d) A copy of each such report shall, at the time of such transmission to HoldersHolders of Securities, be filed by the Trustee with each national securities any stock exchange upon which any the Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Indenture (Gatx Corp)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter2001, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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):to:
(1) any change to its eligibility under Section 609 hereof 6.8 and its qualifications under Section 608 hereof;6.7, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect; 30 36
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made of any advances 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, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;:
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the Securities) 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.12(b)(2), (3), (4) or (6) hereof);
(54) any change to the property and funds, if any, physically in the possession of the Trustee Trustee, as such Trustee, on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(75) any additional issue of Securities which the Trustee has not previously reported; and
(8) 6) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.2.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted transmitted, pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Reports by Trustee. (a) The term "reporting date," as used in this Section, means ____. Within 60 sixty (60) days after the first May 15 which occurs not less than 60 days following the first reporting date of issuance of Securities of any series under this Indenture and within 60 days after May 15 each year commencing in every calendar year thereafter[*1998*], the Trustee shall transmit by mail first-class mail, postage prepaid, to all Holders, Holders as their names and addresses appear in the Security RegisterRegister at the close of business one (1) day prior to the mailing date, a brief report for the applicable period dated as of such May 15 the reporting date with respect 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):to:
(1i) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Section, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3ii) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(4iii) 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 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 an Indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 311(b)(2), (3), (4) or (6) hereofof the Trust Indenture Act;
(5iv) any change to the property and fundsfunds of the Company or any Guarantor, if any, physically in the possession of the Trustee as such on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7v) any additional issue of Securities which the Trustee has not previously reported; and;
(8) vi) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect ; and
(vii) such other matters as may be required under Sections 313(a) and 313(b) of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereofTrust Indenture Act.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to the Holders, be filed by the Trustee with each national securities stock exchange upon which any the Securities are listed, with the Commission and also with the Company. The Company will promptly notify the Trustee when any the Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Senior Secured Note Indenture (SLM International Inc /De)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter1995, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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 period, no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 610 and its qualifications under Section 608 hereof609;
(2) the creation of or any material change to a relationship specified in paragraph 1 through 10 of Subsection (c) of Section 608 609 hereof;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections Section 613(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof602.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Supplemental Indenture (Coca Cola Bottling Co Consolidated /De/)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within On or before 60 days after May 15 in every each year thereafter, so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, Securityholders of each series as their names and addresses appear hereinafter provided in the Security Registerthis Section 5.4, a brief report dated as of such May 15 with respect to any of the following events which may have occurred within the previous 12 twelve (12) months (but if no such event has occurred within such period period, no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 7.9 and its qualifications under Section 608 hereof7.8;
(2) the creation of or any material change to a relationship specified in paragraphs (1) through (10) of Section 608 hereof7.8(c) of this Indenture;
(3) the character and amount of any advances to or on behalf of the Company (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, charge prior to that of the Securities, Securities 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 1/2 one-half of 1% of the principal amount of the Securities Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2paragraphs (2), (3), (4) ), or (6) hereofof subsection (b) of Section 7.13;
(5) any change to the property and fundsfunds held hereunder, if any, physically in the possession of the Trustee Trustee, as such such, on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) any action taken by the Trustee in the performance of its duties hereunder under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee it in accordance with the provisions of Section 602 hereof6.7; and
(7) any additional issue of Securities which the Trustee has not previously reported.
(b) The Trustee shall transmit by mail to all Holdersthe Securityholders, as their names and addresses appear in the Security Registerhereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection the provisions of subsection (a) of this Section 703 5.4 (or if no such report has yet been so transmitted, since the date of execution of this instrumentIndenture) for the reimbursement of which it claims or may claim a lien or charge, charge prior to that of the Securities, Securities on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsectionsubsection, 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 Outstanding outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports to the Holders of Securities pursuant to this Section 5.4 shall be transmitted in the manner as provided in Section 1.4 by mail to all Holders of Securities.
(d) A copy of each such report shall, at the time of such transmission to HoldersSecurityholders, be filed by the Trustee with each national securities stock exchange upon which any the Securities are listed, listed and with the Commission and with shall be furnished to the Company. The Company will promptly agrees to notify the Trustee when any and as the Securities are become listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days On or before August 1 in each year following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterhereof, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 the next preceding June 1 with respect 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):to:
(1) any change to its eligibility under Section 609 hereof 7.10 and its qualifications under Section 608 hereof7.12, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 7.13(b)(2), (3), (4) or (6) hereof);
(54) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(75) any additional issue of Securities which the Trustee has not previously reported; and
(8) 6) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof7.02.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Indenture (Kinder Morgan Inc)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following Reporting Date occurring subsequent to the first date of initial issuance of Securities of any series under this Indenture hereunder and within 60 days after May 15 in every year each Reporting Date occurring thereafter, the Trustee shall transmit by mail to all the Holders, as their names and addresses appear in the Security Registerhereinafter provided, a brief report (but in no event shall such report be transmitted more than twelve months after the date of the initial issuance of the Securities in the case of the first such report and at stated intervals of more than twelve months in the case of each subsequent report) dated as of such May 15 Reporting Date with respect to any of the following events which may have occurred within during the previous 12 twelve months preceding the date of such report (but if no such event has occurred within such period period, no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 7.09 and its qualifications under Section 608 hereof7.08, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(3) the character and amount of any advances (and 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 Securities, 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 1/2 of 1% of the principal amount of the Securities Outstanding for which it is Trustee on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company Issuer (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 7.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof7.02.
(b) The Trustee shall transmit by mail to all the Holders, as their names and addresses appear in the Security Registerhereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsectionsubsection, 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 Outstanding for which it is Trustee at such time, such report to be transmitted within 90 days after such time.
(c) All reports required by this Section 8.03, and all other reports or notices which are required by any other provision of this Indenture to be transmitted in accordance with the provisions of this Section 8.03, shall be transmitted by mail: (i) to all registered Holders, as their names and addresses appear in the Security Register; (ii) to such Holders of such series as have, within the 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) of this Section 8.03, to all Holders of such series whose names and addresses have been furnished to or received by the Trustee pursuant to Section 8.01. A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the CompanyIssuer. The Company Issuer will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Reports by Trustee. (a) Within 60 days after On or before the first May 15 which occurs not less than 60 days following the first date of issuance execution of Securities of any series under this Indenture Indenture, and within 60 days after May 15 on or before in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, the Securityholders as their names and addresses appear hereinafter in the Security Registerthis Section 5.04 provided, a brief report dated as of such May 15 the preceding with respect 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):
(1) any change to its eligibility under Section 609 hereof 7.09, and its qualifications under Section 608 hereof7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof7.08(d);
(3) 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 SecuritiesSecurities of 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 state such advances if such advances so remaining unpaid aggregate not more than 1/2 one-half of 1% one percent of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2paragraph (2), (3), (4) or (6) hereofof 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 such) on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee it in accordance with the provisions of Section 602 hereof6.10.
(b) The Trustee shall transmit by mail to all Holdersthe Securityholders, as their names and addresses appear in the Security Registerhereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection the provisions of subsection (a) of this Section 703 5.04 (or if no such report has yet been so transmitted, since the date of execution of this instrument) Indenture), for the reimbursement of which it claims or may claim a lien or charge, charge prior to that of the Securities, Securities of any series on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this Subsectionsubsection, 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 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 5.04 shall be transmitted by mail (i) to all Holders of Securities of any series, as the names and addresses of such Holders shall appear upon the Register of the Securities of such series, (ii) to such Holders of Securities as have, within the 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) of this Section 5.04 to each Holder whose name and address are preserved at the time by the Trustee as provided in Section 5.02(a) hereof.
(d) A copy of each such report shall, at the time of such transmission to HoldersSecurityholders, be filed by the Trustee with each national securities stock exchange upon which the Securities of any Securities series are listed, listed and also with the Commission and with the CompanyCommission. The Company will promptly notify the Trustee when and as the Securities of any Securities are series become listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Senior Indenture (Meru Networks Inc)
Reports by Trustee. (a) Within 60 days after March 15 of each year commencing with the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter2005, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May March 15 with respect to any of the following events which may have occurred within the previous prior 12 months (but if no such event has occurred within such period no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 6.09 and its qualifications under Section 608 hereof6.08;
(2) the creation of or any material change to a relationship specified in Section 608 hereof310(b)(1) through Section 310(b)(10) of the Trust Indenture Act;
(3) the character and amount of any advances (and if the Trustee elects so to state, state the circumstances surrounding the making thereof) made by the Trustee (as such) which that 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, 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 1/2 of 1% of the principal amount of the Outstanding Securities Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which that it has not previously reported and which that in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee Trustee, and which it has not previously reported pursuant to this 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 the Outstanding Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any the Securities are listed, listed and also with the Commission and with the CompanyCommission. The Company will promptly notify the Trustee when any the Securities are listed on any national securities exchange or of any delisting thereofexchange.
Appears in 1 contract
Samples: Indenture (Peabody Energy Corp)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture On or before , , and within 60 days after May 15 on or before in every year thereafter, so long as required by the Trust Indenture Act of 1939, as then amended, and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, the Holders as their names hereinafter in this Section 7.3 provided and addresses appear in to the Security Register, Company a brief report report, dated as of such May 15 the preceding April 1, with respect to any of the following events which may have occurred within the previous 12 months prior to the date of such report (but if no such event has occurred within such period no report need be transmitted):
(1i) any change to its eligibility under Section 609 hereof 6.9, and its qualifications qualification under Section 608 hereof6.8;
(2ii) the creation of or any material change to a relationship specified in paragraphs (i) through (x) of Subsection (b) of Section 608 hereof6.8;
(3iii) 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 Securities, 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 1/2 one-half of 1% one per cent of the aggregate principal amount of the Outstanding Securities Outstanding on the date of such report;
(4iv) any change to the amount, interest rate rate, and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2paragraph (2), (3), (4) or (65) hereofof Subsection (b) of Section 6.13;
(5v) any change to the property and funds, if any, physically in the possession of the Trustee (as such such) on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7vi) any additional issue of Securities which the Trustee it has not previously reported; and
(8) vii) any action taken by the Trustee in the performance of its duties hereunder under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee it in accordance with the provisions of Section 602 hereof6.2.
(b) The Trustee shall transmit by mail to all the Holders, as their names hereinafter provided, and addresses appear in to the Security Register, Company a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to the provisions of Subsection (a) of this Section 703 7.3 (or if no such report has yet been so transmitted, since the date of execution of this instrumentIndenture) for the reimbursement of which it claims or may claim a lien or charge, charge prior to that of the Securities, Securities on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 per cent or less of the aggregate principal amount of the Outstanding Securities Outstanding at not such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 7.3 shall be transmitted by mail to all Holders, as the names and addresses of such Holders appear upon the Security Register.
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any of the Securities are listed, listed and also with the Commission and with the CompanyCommission. The Company will promptly agrees to notify the Trustee when and as any of the Securities are become listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Indenture (Carnival Corp)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter1992, the Trustee shall transmit by mail to all HoldersHolders of Debt Securities of any series with respect to which it acts as Trustee, as their names and addresses appear provided in the Security RegisterSubsection (c) of this Section, a brief report dated as of such May 15 with respect to any of the following events which may have occurred within the previous 12 twelve months (but if no such event has occurred within such period period, no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof and its qualifications under Section 608 hereof608;
(2) the creation of or any material change to a relationship specified in paragraphs (1) through (10) of Section 608 hereof608(c);
(3) 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 SecuritiesDebt Securities of such series or any related coupons, 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 1/2 of 1% of the principal amount of the Outstanding Debt Securities Outstanding of such series on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesDebt 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections Section 613(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Debt Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Debt Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof.
(b) The Trustee shall transmit by mail to all Holders602; provided, as their names and addresses appear in however, that if the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject Trust Indenture Act is amended subsequent to the lien of this Indenture (and date hereof to eliminate the consideration therefor, if any) unless the fair value of such property, is less than 10% requirement of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) the character and amount of any advances (and if the Trustee elects so to stateTrustee's brief report, the circumstances surrounding the making thereof) made report required by the Trustee (as such) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this Subsection, except that the Trustee shall need not be required (but may elect) transmitted to report such advances if such advances remaining unpaid at any time aggregate 10% or less of the principal amount of the Securities Outstanding at such time, such report to be transmitted within 90 days after such timeHolders.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereof.
Appears in 1 contract
Samples: Indenture (Bankamerica Corp/De/)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year commencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter1986, the Trustee shall transmit by mail to all HoldersHolders of Debt Securities of any series with respect to which it acts as Trustee, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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):to:
(1) any change to its eligibility under Section Section 609 hereof and its qualifications under Section 608 hereofSection 608, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3) 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 SecuritiesDebt 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 1/2 of 1% of the principal amount of the Debt Securities Outstanding of such series on the date of such report;
(43) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesDebt 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections Section 613(b)(2), (3(3), (4) or (6);
(4) or (6) hereof;
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(75) any additional issue of Debt Securities which the Trustee has not previously reported; and
(8) 6) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Debt Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereofSection 602.
(b) The Trustee shall transmit by mail to all HoldersHolders of Debt Securities of any series with respect to which it acts as Trustee, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (asubsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesDebt 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 Subsectionsubsection, 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 Debt Securities Outstanding of such series at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Debt Securities of such series are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Debt Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Indenture (Loews Corp)
Reports by Trustee. (a) Within 60 days after January 15 of each year, commencing with the later of January 15, 2006, or the first May January 15 which occurs not less than 60 days following after the first date of issuance of Debt Securities pursuant to this Indenture, the Trustee shall, to the extent required by the Trust Indenture Act, transmit to all Holders of Debt Securities of any series under this Indenture and within 60 days after May 15 in every year thereafterwith respect to which it acts as Trustee, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Registermanner hereinafter provided in this Section 7.3, a brief report dated as of such May 15 date with respect 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):
(1) any change to its eligibility under Section 609 hereof 6.9 and its qualifications under Section 608 hereof6.8;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 608 hereof6.8(c) of this Indenture;
(3) 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 SecuritiesDebt 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 1/2 of 1% of the principal amount of the Outstanding Debt Securities Outstanding of such series on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesDebt 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Debt Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the SecuritiesDebt Securities of such series, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.2.
(b) The Trustee shall transmit by mail to all Holders, as their Holders of Debt Securities of any series (whose names and addresses appear in the Security Registerinformation preserved at the time by the Trustee in accordance with Section 7.2(a)) for which it acts as the Trustee, as hereinafter provided, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesDebt 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 Subsectionsubsection, 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 the 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 7.3 shall be transmitted by mail:
(1) to all Holders of Registered Securities, as the names and addresses of such Holders of Registered Securities appear in the Security Register;
(2) to such Holders of Bearer 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
(3) except in the cases of reports pursuant to subsection (b) of this Section 7.3, to each Holder of a Debt Security of any series whose name and address appear in the information preserved at the time by the Trustee in accordance with Section 7.2(a).
(d) A copy of each such report shall, at the time of such transmission to Holders, be filed by with the Trustee Company and the Company shall file such report with each national securities exchange stock exchange, if any, upon which any Debt Securities of such series are listed, with the Commission and also with the Company. The Company will promptly notify the Trustee when any series of Debt Securities are listed on any national securities stock exchange or and of any delisting thereof.
Appears in 1 contract
Samples: Subordinated Indenture (Talx Corp)
Reports by Trustee. (a) Within 60 days after the first May 15 which occurs not less than 60 days following of each year com mencing with the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter1994, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 with respect 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 period, no report need be transmitted):
(1) any change to its eligibility under Section 609 hereof 6.09 and its qualifications under Section 608 hereof6.08, or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in paragraphs (1) through (10) of Section 608 hereof6.08(c);
(3) 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 Securities, on the trust estate or 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 1/2 of 1% of the principal amount of the Securities Outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the 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 an Indebtedness indebtedness based upon a creditor relationship arising in any manner described in Sections 613(b)(2Section 6.13(b)(2), (3), (4) or (6) hereof);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such such) on the date of such report;
(6) any release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7) any additional issue of Securities which the Trustee has not previously reported; and
(8) 7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, or the Securities of any series, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.02.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities, on the trust estate or on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Indenture (Tribune Co)
Reports by Trustee. (a) Within 60 days after July _______________ of each year commencing with the first May 15 which occurs not less than 60 days following the first date of issuance of Securities of any series under this Indenture and within 60 days after May 15 in every year thereafter1999, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report dated as of such May 15 July with respect 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):to:
(1i) any change to its eligibility under Section 609 hereof 6.9 and its qualifications under Section 608 hereof6.8., or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under said Sections, a written statement to such effect;
(2) the creation of or any material change to a relationship specified in Section 608 hereof;
(3ii) 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 SecuritiesNotes, 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 1/2 of 1% of the principal amount of the Securities Outstanding Notes outstanding on the date of such report;
(4iii) any change to the amount, interest rate and maturity date of all other Indebtedness indebtedness owing by the Company (or by any other obligor on the SecuritiesNotes) 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 Sections 613(b)(2), (3), (4) or (6) hereoffor such indebtedness;
(5iv) 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 release, or release and substitution, of property subject to the lien of this Indenture, if any (and the consideration therefor, if any) which it has not previously reported;
(7v) any additional issue of Securities Notes which the Trustee has not previously reported; and
(8) vi) any action taken by the Trustee in the performance of its duties hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by the Trustee in accordance with Section 602 hereof6.2.
(b) The Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, a brief report with respect to (1) the release, or release and substitution, of property subject to the lien of this Indenture (and the consideration therefor, if any) unless the fair value of such property, is less than 10% of the principal amount of Securities outstanding at the time of such release, or release and substitution, and (2) 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) since the date of the last report transmitted pursuant to Subsection (a) of this Section 703 (or if no such report has yet been so transmitted, since the date of execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the SecuritiesNotes, on property or funds held or collected by it as Trustee and which it has not previously reported pursuant to this 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 the Securities Outstanding Notes outstanding at such time, such report to be transmitted within 90 days after such time.
(c) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each national securities stock exchange upon which any Securities Notes are listed, with the Commission and with the Company. The Company will promptly notify the Trustee when any Securities are listed on any national securities exchange or of any delisting thereofstock exchange.
Appears in 1 contract
Samples: Indenture (Kranzco Realty Trust)
