Reports by Trustee. (a) On or before the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit to the Securityholders as hereinafter in this Section 5.04 provided, a brief report dated as of 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 7.09, and its qualifications under Section 7.08; (2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 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 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 state such advances if such advances so remaining unpaid aggregate not more than one-half of one percent of the principal amount of the Securities of such series Outstanding on the date of such report; (4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.13; (5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) on the date of such report; (6) any additional issue of Securities which the Trustee has not previously reported; and (7) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.10. (b) The Trustee shall transmit to the Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series 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 or less of the principal amount of Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time. (c) Reports pursuant to this Section 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 Securityholders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIX
Appears in 5 contracts
Samples: Senior Indenture (Lexar Media Inc), Senior Indenture (Lexar Media Inc), Senior Indenture (Handspring Inc)
Reports by Trustee. (a) On or before If required under Section 313(a) of the first July 15th following Trust Indenture Act, within 60 days after May 15 of each year commencing with the date of execution of this Indentureyear 2001, and on or before July 15 in every year thereafter, if and so long as any of the Securities are Outstanding hereunderoutstanding, the Trustee shall transmit by mail to the Securityholders all Holders, as hereinafter provided in this Section 5.04 providedsubsection 7.03(c), a brief report dated as of the preceding 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 7.09, and its qualifications under Section 7.08;
(2) 6.09 or the creation of or any material change to a relationship specified in paragraph (1) through (10) of its qualifications under Section 7.08(d)6.08;
(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half of one percent of the principal amount of the Securities Outstanding of such series 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 paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.136.13;
(5iv) 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;
(6v) any additional issue of Securities which the Trustee has not previously reported; and
(7vi) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedprovided in subsection 7.03(c), a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (aSubsection 7.03(a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities Outstanding 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 mail:
(i) to all Holders of Securities of any seriesSecurities, as the names and addresses of such Holders shall appear upon in the Security Register as of a date not more than fifteen days prior to the Securities of such series, mailing thereof;
(ii) to such Holders holders of Securities of any series as have, within the two years preceding such transmission, filed their names and addresses with the Trustee for such series for that purpose and purpose; and
(iii) except in the case of reports pursuant to subsection (b) 7.03(b), to all Holders of this Section 5.04 to each Holder Securities whose name names and address are preserved at the time addresses have been received by the Trustee as provided in pursuant to Section 5.02(a) hereof7.01.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 5 contracts
Samples: Indenture (Masco Corp /De/), Indenture (Masco Corp /De/), Indenture (R H Donnelley Corp)
Reports by Trustee. (a) On or before the first July 15th following the date of execution of this Subordinated Indenture, and on or before July 15 in every year thereafter, if and so long as any Subordinated Securities are Outstanding hereunder, the Trustee shall transmit to the Subordinated Securityholders as hereinafter in this Section 5.04 provided, a brief report dated as of 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 7.09, and its qualifications under Section 7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 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 Subordinated 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 state such advances if such advances so remaining unpaid aggregate not more than one-half of one percent of the principal amount of the Subordinated Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) on the date of such report;
(6) any additional issue of Subordinated Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties 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 it in accordance with the provisions of Section 6.10.
(b) The Trustee shall transmit to the Subordinated Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Subordinated Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Subordinated Securities of any series 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 or less of the principal amount of 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 Subordinated Securityholders, be filed by the Trustee with each stock exchange upon which the Subordinated Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Subordinated Securities of any series become listed on any 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) On or before Within 60 days after March 31st of each year commencing with the first July 15th following March 31st after the date first issuance of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunderSecurities, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding May 15 such 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 7.09, 6.9 and its qualifications under Section 7.08310(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 paragraph (1Section 310(b)(1) through (10Section 310(b)(10) of Section 7.08(d)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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 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 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 paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 Securityholdersthe Holders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed listed, with the Commission and also with the CommissionCompany. The Company will notify the Trustee when and as the Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 4 contracts
Samples: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)
Reports by Trustee. (a) On or before the first July 15th The Trustee shall, within 60 days after each January 15 following the date of execution of this Indenture, transmit annually by mail to all Holders, as their names and on or before July 15 addresses appear in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit to the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of 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 period, no such report need be transmitted):
(1) any change to its eligibility under Section 7.09, 609 and its qualifications under Section 7.08608;
(2) the creation of or any material change to a relationship specified in paragraph (1Section 3l0(b)(l) through (10Section 3l0(b)(l0) of Section 7.08(d)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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances to the Holders of Securities of any series if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 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 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 based upon a creditor relationship arising in any manner described in paragraph Section 311(b) (2), (3), (4) or (6) of subsection (b) of Section 7.13the Trust Indenture Act;
(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 additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 to the Holders of Securities of any series if such advances remaining unpaid at any time aggregate ten percent 10% or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company and the Guarantor. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 4 contracts
Samples: Indenture (Bp PLC), Indenture (Bp PLC), Indenture (Bp PLC)
Reports by Trustee. (a) On or before the first July 15th following the date of execution of this Indenture[October 1, 201 , and on or before July 15 October 1] in every year thereafter, if 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 to the Securityholders Holders as hereinafter in this Section 5.04 provided, 7.3 provided and to the Company a brief report report, dated as of the preceding May 15 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 7.096.9, and its qualifications qualification under Section 7.086.8;
(2ii) the creation of or any material change to a relationship specified in paragraph paragraphs (1i) through (10x) of Subsection (b) of Section 7.08(d)6.8;
(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half of one percent per cent of the aggregate principal amount of the Outstanding Securities of such series Outstanding on the date of such report;
(4iv) the amount, interest rate 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 paragraph (2), (3), (4) or (65) of subsection Subsection (b) of Section 7.136.13;
(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 additional issue of Securities which the Trustee it has not previously reported; and
(7vii) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit to the SecurityholdersHolders, as hereinafter provided, and to the Company a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 7.3 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), ) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of 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 ten percent per cent or less of the aggregate principal amount of the Outstanding 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 7.3 shall be transmitted by mail (i) to all Holders of Securities of any seriesHolders, 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) hereofSecurity Register.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which any of the Securities of any series are listed and also with the Commission. The Company will agrees to notify the Trustee when and as any of the Securities of any series become listed on any stock exchange. ARTICLE SIX.
Appears in 4 contracts
Samples: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)
Reports by Trustee. (a1) On or before Within sixty (60) days after May 15 of each year beginning with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder2020, the Trustee shall transmit by mail or electronic transmission to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 6.08 and its qualifications under Section 7.086.07;
(2) the b. The creation of or any material change to a relationship specified in paragraph (1Section 3.10(b)(1) through (10Section 3.10(b)(10) of Section 7.08(d)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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state 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 of such series Outstanding on the date of such report;
(4) d. 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 paragraph (2Section 6.12(2)(b), (3c), (4d) or (6) of subsection (b) of Section 7.13f);
(5) any change to e. the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
f. any release, or release and substitution, of property subject to the lien of the Indenture (6and 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;
g. any additional issue of Securities which the Trustee has not previously reported; and
(7) h. any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b2) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a1) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent (10%) or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 ninety (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.
(d3) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange exchange, if any, upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 4 contracts
Samples: Indenture (Vault Holding 1, LLC), Indenture (Vault Holding 1, LLC), Indenture (Vault Holding 1, LLC)
Reports by Trustee. (a) On or before the first July 15th following the date of execution of this Subordinated Indenture, and on or before July 15 in every year thereafter, if and so long as any Subordinated Securities are Outstanding hereunder, the Trustee shall transmit to the Subordinated Securityholders as hereinafter in this Section 5.04 provided, a brief report dated as of 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 7.09, and its qualifications under Section 7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 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 Subordinated 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 state such advances if such advances so remaining unpaid aggregate not more than one-—half of one percent of the principal amount of the Subordinated Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) on the date of such report;
(6) any additional issue of Subordinated Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties 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 it in accordance with the provisions of Section 6.10.
(b) The Trustee shall transmit to the Subordinated Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Subordinated Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Subordinated Securities of any series 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 or less of the principal amount of 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 Subordinated Securityholders, be filed by the Trustee with each stock exchange upon which the Subordinated Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Subordinated Securities of any series become listed on any stock exchange. ARTICLE SIX.
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) On or before Within 60 days after April 15 of each year, commencing with the first July 15th following April 15 after the date first issuance of execution of Debt Securities pursuant to this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall shall, to the extent required by the Trust Indenture Act, transmit to all Holders of Debt Securities of any series with respect to which it acts as Trustee, in the Securityholders as manner hereinafter provided in this Section 5.04 provided7.03, a brief report dated as of the preceding May 15 such 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 7.09, 6.09 and its qualifications under Section 7.086.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d)6.08(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 Debt Securities of any 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Outstanding Debt 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 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 based upon a creditor relationship arising in any manner described in paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Debt Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b) The Trustee shall transmit by mail to all Holders of Debt Securities of any series (whose names and addresses appear in the Securityholdersinformation 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 the 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 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Debt Securities of any series such series, 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 for each series 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 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 5.04 7.03 shall be transmitted by mail mail:
(i1) to all Holders of Securities of any seriesRegistered Securities, as the names and addresses of such Holders shall of Registered Securities appear upon in the Register of the Securities of such series, Security Register;
(ii2) to such Holders of Bearer Securities of any series as have, within the two years preceding such transmission, filed their names and addresses with the Trustee for such series for that purpose and purpose; and
(iii3) except in the case cases of reports pursuant to subsection (b) of this Section 5.04 7.03, to each Holder of a Debt Security of any series whose name and address are appear in the information preserved at the time by the Trustee as provided in accordance with Section 5.02(a) hereof7.02(a).
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Debt Securities of any such series are listed listed, with the Commission and also with the CommissionCompany. The Company will notify the Trustee when and as the Securities of any series become of Debt Securities are listed on any stock exchange. ARTICLE SIX.
Appears in 4 contracts
Samples: Indenture (Harrahs Entertainment Inc), Indenture (Hilton Hotels Corp), Indenture (Hilton Hotels Corp)
Reports by Trustee. (a) On or before Within 60 days after [DATE] of each year, commencing with the first July 15th following [DATE] after the date first issuance of execution of Debt Securities pursuant to this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall shall, to the extent required by the Trust Indenture Act, transmit to all holders of Debt Securities of any series with respect to which it acts as Trustee, in the Securityholders as manner hereinafter provided in this Section 5.04 provided7.3, a brief report dated as of the preceding May 15 such 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 7.09, 6.9 and its qualifications under Section 7.086.8;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d)310(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 Debt Securities of any 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Outstanding Debt 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 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 based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6Section 311(b) of subsection (b) of Section 7.13the Trust Indenture Act;
(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 additional issue of Debt Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit by mail to all holders of Debt Securities of any series (whose names and addresses appear in the Securityholdersinformation 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 the 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 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Debt Securities of any series such series, 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 for each series 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 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 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 Securityholders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIX
Appears in 3 contracts
Samples: Indenture (MGM Grand Inc), Indenture (Biloxi Casino Corp), Indenture (MGM Grand Inc)
Reports by Trustee. (a) On or before each Payment Date the first July 15th following Trustee shall provide to each Owner, the date Servicer, the Certificate Insurer, each of execution of this Indenturethe Underwriters, the Company, Standard & Poor's and on or before July 15 Moody's a written report (based solely upon the information contained in the Monthly Servicing Report) in substantially the form set forth as Exhibit J hereto with respect to each Mortgage Loan Group, as such form may be revised by the Trustee, the Servicer, Moody's and Standard & Poor's from time to time, but in every year thereaftercase setting forth the information requested on Exhibit J hereto and the following information:
(i) the amount of the distribution with respect to the related Class of the Class A Certificates and the Class R Certificates;
(ii) the amount of such distributions allocable to principal, separately identifying the aggregate amount of any Prepayments or Prepaid Installments of principal included therein, any Pre-Funded Amounts distributed as a prepayment (based on a Certificate in the original principal amount of $1,000) and separately identifying any Subordination Increase Amounts with respect to the related Mortgage Loan Group;
(iii) the amount of such distributions allocable to interest;
(iv) the Certificate Principal Balance for each Class of Class A Certificates as of such Payment Date together with the principal amount of such Class of Class A Certificates (based on a Certificate in an original principal amount of $1,000) then outstanding, in each case after giving effect to any payment of principal on such Payment Date;
(v) the amount of any Insured Payment included in the amounts distributed with respect to the Class A Certificates on such Payment Date;
(vi) information to the extent and in the form furnished by the Company pursuant to Section 6049(d)(7)(C) of the Code and the regulations promulgated thereunder to assist the Owners in computing their market discount;
(vii) the total of any Substitution Amounts and any Loan Purchase Price amounts included in such distribution;
(viii) the amount of any Subordination Reduction Amount with respect to each Mortgage Loan Group;
(ix) the amounts, if any, of any Realized Losses in each Mortgage Loan Group for the related Remittance Period and so long as the cumulative amount of Realized Losses in each Mortgage Loan Group since the Startup Day;
(x) for the related Remittance Period and cumulatively since the Startup Day, the number and aggregate Loan Balance of Mortgage Loans in each Group bought back by the Servicer or the Company pursuant to Sections 3.4, 3.6 and 8.10 (identified separately for each such section);
(xi) the amount of any Securities Group II Available Funds Cap Carry-Forward Amount;
(xii) a number with respect to each Class (the "Pool Factor" for such Class) computed by dividing the Certificate Principal Balance for such Class (after giving effect to any distribution of principal to be made on such Payment Date) by the Original Certificate Principal Balance for such Class on the Startup Day; and,
(xiii) for Payment Dates during the Funding Period, the remaining Pre-Funded Amount. Items (i) through (iii) above shall, with respect to each Class of Class A Certificates, be presented on the basis of a Certificate having a $1,000 denomination. In addition, by January 31 of each calendar year following any year during which the Certificates are Outstanding hereunderoutstanding, the Trustee shall transmit furnish a report to each Owner of record at any time during each calendar year as to the Securityholders as hereinafter in this Section 5.04 providedaggregate of amounts reported pursuant to (i), a brief report dated as of the preceding May 15 (ii) and (iii) with respect to any of the following events which may have occurred within the previous 12 months (but if no Certificates for such event has occurred within such period no report need be transmitted):
(1) any change to its eligibility under Section 7.09, and its qualifications under Section 7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 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 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 state such advances if such advances so remaining unpaid aggregate not more than one-half of one percent of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.10calendar year.
(b) The In addition, on each Payment Date the Trustee shall transmit will distribute to each Owner, the SecurityholdersCertificate Insurer, as hereinafter providedeach of the Underwriters, a brief report the Servicer, the Company, Standard & Poor's and Moody's, together with the information described in Subsection (a) preceding, the following information with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (each Mortgage Loan Group as such) since the date of the last report transmitted pursuant day of the related Remittance Period, which is hereby required to be prepared by the Servicer and furnished to the provisions Trustee for such purpose on or prior to the related Remittance Date:
(i) the total number of subsection Mortgage Loans in each Mortgage Loan Group and the aggregate Loan Balances thereof, together with the number, aggregate principal balances of such Mortgage Loans in such Mortgage Loan Group and the percentage (based on the aggregate Loan Balances of the Mortgage Loans in such Mortgage Loan Group) (a) 30-59 days Delinquent, (b) 60-89 days Delinquent and (c) 90 or more days Delinquent;
(ii) the number and aggregate Loan Balances of this Section 5.04 all Mortgage Loans in each Mortgage Loan Group and percentage (or if no such report has yet been so transmitted, since based on the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that aggregate Loan Balances of the Securities Mortgage Loans in such Mortgage Loan Group) in foreclosure proceedings (and whether any such Mortgage Loans are also included in any of the statistics described in the foregoing clause (i));
(iii) the number, aggregate Loan Balances of all Mortgage Loans in each Mortgage Loan Group and percentage (based on the aggregate Loan Balances of the Mortgage Loans in such Mortgage Loan Group) relating to Mortgagors in bankruptcy proceedings (and whether any such Mortgage Loans are also included in any of the statistics described in the foregoing clause (i));
(iv) the number, aggregate Loan Balances of all Mortgage Loans in each Mortgage Loan Group and percentage (based on the aggregate Loan Balances of the Mortgage Loans in such Mortgage Loan Group) relating to REO Properties (and whether any such Mortgage Loans are also included in any of the statistics described in the foregoing clause (i));
(v) the aggregate Loan Balance of all Mortgage Loans, the aggregate Loan Balance of the Mortgage Loans in each Group and the aggregate Loan Balance of the Initial Mortgage Loans and the Subsequent Mortgage Loans in each Group in each case after giving effect to any payment of principal on such Payment Date; and
(vi) the book value of any series 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 or less of the principal amount of Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such timeREO Property in each Mortgage Loan Group.
(c) Reports pursuant to this Section 5.04 The foregoing reports shall be transmitted by mail (i) sent to all Holders of Securities of any series, an Owner only insofar as such Owner owns a Certificate with respect to 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) hereofrelated Mortgage Loan Group.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIX
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1997-01), Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1996-4), Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1997 2)
Reports by Trustee. (a1) On or before Within sixty (60) days of May 15 each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder1999, the Trustee shall transmit by mail to the Securityholders all Noteholders, as hereinafter in this Section 5.04 providedhereafter provided for, a brief report dated as of 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 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 7.09, 609 and its qualifications under Section 7.08608, 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 paragraph paragraphs (1e) through (10f) of subsection (3) of Section 7.08(d)608;
(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 Securities of any seriesNotes, 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 state report such advances if the unpaid aggregate of such advances so remaining unpaid aggregate does not more than one-half exceed 1/2 of one percent 1% of the principal amount of the Securities of such series Notes Outstanding on the date of such report;
(4d) 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 corporate capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except an indebtedness based upon a creditor relationship arising in any manner described in paragraph Section 612(2) (2b), (3c), (4d) or (6) of subsection (b) of Section 7.13f);
(5e) 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;
(6f) any additional issue of Securities Notes which the Trustee has not previously reported; and
(7g) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b2) The Trustee shall transmit by mail to the Securityholdersall Noteholders, as hereinafter providedtheir names and addresses appear in the Note Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a1) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series Notes, on property or funds held or collected by it as Trustee, Trustee and which it has not previously reported pursuant to this subsection, 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 Securities of such series the Notes Outstanding at such time, such report to be transmitted within 90 days after such time.
(c3) Reports pursuant to this Section 5.04 704 shall be transmitted by mail (i) to all Holders of Securities of any seriesNoteholders, as the names and addresses of such Holders shall Noteholders 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) hereofNote Register.
(d4) A copy of each such report shallreport, at the time of such transmission to SecurityholdersNoteholders, shall be filed by the Trustee with each stock exchange or market upon which the Securities of any series Notes are listed and also listed, with the Commission, if required, and with the Company. The Company will notify the Trustee when and as the Securities of any series become Notes are listed on any stock exchange. END OF ARTICLE SIXSEVEN. 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) On or before the first July 15th following the date of execution of this Indenture, and on or before July 60 days after May 15 in every year thereaftereach year, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit to the Securityholders of each series as hereinafter provided in this Section 5.04 provided5.4, a brief report dated as of the preceding 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 7.09, 7.9 and its qualifications under Section 7.087.8;
(2) the creation of or any material change to a relationship specified in paragraph paragraphs (1) through (10) of Section 7.08(d)7.8(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 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 paragraph paragraphs (2), (3), (4) ), or (6) of 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) , on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.106.7; and
(7) any additional issue of Securities which the Trustee has not previously reported.
(b) The Trustee shall transmit to the Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 5.4 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), ) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series on property or funds held or collected by it as Trustee, Trustee and which it has not previously reported pursuant to this subsection, 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 Securities of such series 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 5.04 5.4 shall be transmitted in the manner as provided in Section 1.4 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) hereofSecurities.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also with the CommissionCommission and shall be furnished to the Company. The Company will agrees to notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIX.
Appears in 3 contracts
Samples: Subordinate Indenture (Gt Capital Trust Iv), Multiple Series Indenture (Usx Capital Trust I), Multiple Series Indenture (Usx Corp)
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following year 1999, but only upon the date occurrence within the previous 12 months of execution of this Indenture, and on or before July 15 any events specified in every year thereafter, if and so long as any Securities are Outstanding hereunderTIA (S)313(a), the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 609 and its qualifications under Section 7.08608, 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 paragraph (1) through (10) of Section 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 Securities of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(43) 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 paragraph (2Section 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(54) 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;
(65) any additional issue of Securities which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee in writing when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 3 contracts
Samples: Indenture (Hilfiger Tommy Corp), Indenture (Hilfiger Tommy Usa Inc), Indenture (Hilfiger Tommy Corp)
Reports by Trustee. (a1) On or before Within 60 days after the first July 15th following May 15 occurring subsequent to the date initial issuance of execution of this Indenture, Securities hereunder and on or before July within 60 days after May 15 in every each year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 609 and its qualifications under Section 7.08608;
(2ii) the creation of or any material change to a relationship specified in paragraph paragraphs (1) through (10) of Section 7.08(d)310(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding for which it is Trustee on the date of such report;
(4iv) any change in 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 paragraph (2Section 613(2)(ii), (3iii), (4iv) or (6) of subsection (b) of Section 7.13vi);
(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;
(6vi) any additional issue of Securities which the Trustee has not previously reported; and
(7vii) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b2) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a1) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding for which it is Trustee 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.
(d3) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will promptly notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 3 contracts
Samples: Indenture (International Lease Finance Corp), Indenture (International Lease Finance Corp), Indenture (International Lease Finance Corp)
Reports by Trustee. (a) On or before Within 60 days after the first July 15th May 15 which occurs not less than 60 days following the first date of execution issuance of Securities of any series under this Indenture, Indenture and on or before July within 60 days after May 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 609 hereof and its qualifications under Section 7.08608 hereof;
(2) the creation of or any material change to a relationship specified in paragraph paragraphs (1) through (10) of Section 7.08(d)310(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 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 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 indebtedness an Indebtedness based upon a creditor relationship arising in any manner described in paragraph (2Sections 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13hereof;
(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
(7) 8) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10.
(b) The Trustee shall transmit to the Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series 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 or less of the principal amount of Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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) 602 hereof.
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIX
Appears in 3 contracts
Samples: Indenture (Energy East Corp), Indenture (New York State Electric & Gas Corp), Indenture (Energy East Corp)
Reports by Trustee. (a) On or before the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit to the Securityholders as hereinafter in this Section 5.04 provided, a brief report dated as of 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 7.09, and its qualifications under Section 7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 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 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 state such advances if such advances so remaining unpaid aggregate not more than one-—half of one percent of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.10.
(b) The Trustee shall transmit to the Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series 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 or less of the principal amount of Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 Securityholders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIX.
Appears in 3 contracts
Samples: Senior Indenture (Oncogenex Pharmaceuticals, Inc.), Senior Indenture (Oncothyreon Inc.), Senior Indenture (Oncogenex Pharmaceuticals, Inc.)
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder2007, the Trustee shall transmit by mail to all Holders of Securities for which it is Trustee hereunder, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 6.9 and its qualifications under Section 7.086.8, 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 paragraph (1) through (10) of Section 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 Securities of any seriessuch 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the such Securities of such series Outstanding on the date of such report;
(43) 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 paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(54) 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;
(65) any additional issue of Securities for which it is Trustee hereunder which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders of Securities for which it is Trustee hereunder, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series such 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 ten percent 10% or less of the principal amount of such Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 Securityholderssuch Holders, be filed by the Trustee with each stock securities exchange upon which the any such Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any such Securities of any series become are listed on any stock securities exchange. ARTICLE SIX.
Appears in 3 contracts
Samples: Indenture (Citigroup Capital XIV), Indenture (Citigroup Inc), Indenture (Citigroup Capital XVIII)
Reports by Trustee. (a) On or before the first July 15th following the date Within 60 days after January 15 of execution of this Indentureeach year, and on or before July 15 in every year thereaftercommencing January 15, if and so long as any Securities are Outstanding hereunder2000, the Trustee shall shall, to the extent required by the Trust Indenture Act, transmit to all Holders of Debt Securities of any series with respect to which it acts as Trustee, in the Securityholders as manner hereinafter provided in this Section 5.04 provided7.3, a brief report dated as of the preceding May 15 such 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 7.09, 6.9 and its qualifications under Section 7.086.8;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d)6.8(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 Debt Securities of any 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Outstanding Debt 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 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 based upon a creditor relationship arising in any manner described in paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Debt Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit by mail to all Holders of Debt Securities of any series (whose names and addresses appear in the Securityholdersinformation 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 the 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 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Debt Securities of any series such series, 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 for each series 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 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 5.04 7.3 shall be transmitted by mail mail:
(i1) to all Holders of Securities of any seriesRegistered Securities, as the names and addresses of such Holders shall of Registered Securities appear upon in the Register of the Securities of such series, Security Register;
(ii2) to such Holders of Bearer Securities of any series as have, within the two years preceding such transmission, filed their names and addresses with the Trustee for such series for that purpose and purpose; and
(iii3) except in the case cases of reports pursuant to subsection (b) of this Section 5.04 7.3, to each Holder of a Debt Security of any series whose name and address are appear in the information preserved at the time by the Trustee as provided in accordance with Section 5.02(a) hereof7.2(a).
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by with the Trustee Company and the Company shall file such report with each stock exchange upon which the any Debt Securities of any such series are listed listed, with the Commission and also with the CommissionCompany. The Company will notify the Trustee when and as the Securities of any series become of Debt Securities are listed on any stock exchange. ARTICLE SIX.
Appears in 3 contracts
Samples: Subordinated Indenture (Reinsurance Group of America Inc), Subordinated Indenture (Rga Capital Trust Ii), Senior Indenture (Rga Capital Trust Ii)
Reports by Trustee. (a) On or before the first July 15th following the date of execution of this IndentureOctober 1, 20 , and on or before July 15 October 1 in every year thereafter, if 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 to the Securityholders Holders as hereinafter in this Section 5.04 provided, 7.3 provided and to the Company a brief report report, dated as of the preceding May 15 [ , 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 7.096.9, and its qualifications qualification under Section 7.08;6.8;
(2ii) the creation of or any material change to a relationship specified in paragraph paragraphs (1i) through (10x) of Subsection (b) of Section 7.08(d)6.8;
(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half of one percent per cent of the aggregate principal amount of the Outstanding Securities of such series Outstanding on the date of such report;report;
(4iv) the amount, interest rate 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 paragraph (2), (3), (4) or (65) of subsection Subsection (b) of Section 7.13;6.13;
(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;report;
(6vi) any additional issue of Securities which the Trustee it has not previously reported; reported; and
(7vii) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit to the SecurityholdersHolders, as hereinafter provided, and to the Company a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 7.3 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), ) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of 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 ten percent per cent or less of the aggregate principal amount of the Outstanding 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 7.3 shall be transmitted by mail (i) delivered 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 in accordance 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) hereof16.3.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which any of the Securities of any series are listed and also with the Commission. The Company will agrees to notify the Trustee when and as any of the Securities of any series become listed on any stock exchange. ARTICLE SIX.
Appears in 3 contracts
Samples: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)
Reports by Trustee. (a) On or before If required under Section 313(a) of the first July 15th following Trust Indenture Act, within 60 days after May 15 of each year commencing with the date of execution of this Indentureyear 2001, and on or before July 15 in every year thereafter, if and so long as any of the Securities are Outstanding hereunderoutstanding, the Trustee shall transmit by mail to the Securityholders all Holders, as hereinafter provided in this Section 5.04 providedsubsection 7.03(c), a brief report dated as of the preceding 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 7.09, and its qualifications under Section 7.08;
(2) 6.09 or the creation of or any material change to a relationship specified in paragraph (1) through (10) of its qualifications under Section 7.08(d)6.08;
(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half of one percent of the principal amount of the Securities Outstanding of such series 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 paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.136.13;
(5iv) 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;
(6v) any additional issue of Securities which the Trustee has not previously reported; and
(7vi) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedprovided in subsection 7.03(c), a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (aSubsection 7.03(a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities Outstanding 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 mail:
(i) to all Holders of Securities of any seriesSecurities, as the names and addresses of such Holders shall appear upon in the Security Register as of a date not more than fifteen days prior to the Securities of such series, mailing thereof;
(ii) to such Holders holders of Securities of any series as have, within the two years preceding such transmission, filed their names and addresses with the Trustee for such series for that purpose and purpose; and
(iii) except in the case of reports pursuant to subsection (b) 7.03(b), to all Holders of this Section 5.04 to each Holder Securities whose name names and address are preserved at the time addresses have been received by the Trustee as provided in pursuant to Section 5.02(a) hereof7.01.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will promptly notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIXexchange and of 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) On or before If required under Section 313(a) of the first July 15th following Trust Indenture Act, within 60 days after May 15 of each year commencing with the date of execution of this Indentureyear 2001, and on or before July 15 in every year thereafter, if and so long as any of the Securities are Outstanding hereunderoutstanding, the Trustee shall transmit by mail to the Securityholders all Holders, as hereinafter provided in this Section 5.04 providedsubsection 7.03(c), a brief report dated as of the preceding 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 7.09, and its qualifications under Section 7.08;
(2) 6.09 or the creation of or any material change to a relationship specified in paragraph (1) through (10) of its qualifications under Section 7.08(d)6.08;
(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half of one percent of the principal amount of the Securities Outstanding of such series 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 paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.136.13;
(5iv) 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;
(6v) any additional issue of Securities which the Trustee has not previously reported; and
(7vi) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedprovided in subsection 7.03(c), a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (aSubsection 7.03(a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities Outstanding 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 mail:
(i) to all Holders of Securities of any seriesSecurities, as the names and addresses of such Holders shall appear upon in the Security Register as of a date not more than fifteen days prior to the Securities of such series, mailing thereof;
(ii) to such Holders holders of Securities of any series as have, within the two years preceding such transmission, filed their names and addresses with the Trustee for such series for that purpose and purpose; and
(iii) except in the case of reports pursuant to subsection (b) 7.03(b), to all Holders of this Section 5.04 to each Holder Securities whose name names and address are preserved at the time addresses have been received by the Trustee as provided in pursuant to Section 5.02(a) hereof7.01.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will promptly notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIXexchange and of 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) On or before the first July 15th following the date Within 60 days after May 15 of execution of this Indentureeach year, and on or before July 15 in every year thereaftercommencing May 15, if and so long as any Securities are Outstanding hereunder2011, the Trustee shall shall, to the extent required by the Trust Indenture Act, transmit to all Holders of Debt Securities of any series with respect to which it acts as Trustee, in the Securityholders as manner hereinafter provided in this Section 5.04 provided7.03, a brief report dated as of the preceding May 15 such 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 7.09, 6.09 and its qualifications under Section 7.086.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d)6.08(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 Debt Securities of any 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Outstanding Debt 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 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 based upon a creditor relationship arising in any manner described in paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Debt Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b) The Trustee shall transmit by mail to all Holders of Debt Securities of any series (whose names and addresses appear in the Securityholdersinformation 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 the 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 5.04 7.03 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Debt Securities of any series such series, 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 for each series 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 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 5.04 7.03 shall be transmitted by mail mail:
(i1) to all Holders of Securities of any seriesRegistered Securities, as the names and addresses of such Holders shall of Registered Securities appear upon in the Register of the Securities of such series, Register; and
(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 (iii2) except in the case cases of reports pursuant to subsection (b) of this Section 5.04 7.03, to each Holder of a Debt Security of any series whose name and address are appear in the information preserved at the time by the Trustee as provided in accordance with Section 5.02(a) hereof7.02(a).
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Debt Securities of any such series are listed listed, with the Commission and also with the CommissionCompany. The Company will notify the Trustee when and as the Securities of any series become of Debt Securities are listed on any stock exchange. ARTICLE SIX.
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) On or before the first July 15th following the date Within 60 days after of execution of this Indentureeach year, and on or before July 15 in every year thereaftercommencing , if and so long as any Securities are Outstanding hereunder20 , the Trustee shall shall, to the extent required by the Trust Indenture Act, transmit to all Holders of Debt Securities of any series with respect to which it acts as Trustee, in the Securityholders as manner hereinafter provided in this Section 5.04 provided7.03, a brief report dated as of the preceding May 15 such 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 7.09, 6.09 and its qualifications under Section 7.086.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d)6.08(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 Debt Securities of any 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Outstanding Debt 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 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 based upon a creditor relationship arising in any manner described in paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Debt Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b) The Trustee shall transmit by mail to all Holders of Debt Securities of any series (whose names and addresses appear in the Securityholdersinformation 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 the 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 5.04 7.03 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Debt Securities of any series such series, 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 for each series 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 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 5.04 7.03 shall be transmitted by mail mail:
(i1) to all Holders of Securities of any seriesRegistered Securities, as the names and addresses of such Holders shall of Registered Securities appear upon in the Register of the Securities of such series, Register; and
(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 (iii2) except in the case cases of reports pursuant to subsection (b) of this Section 5.04 7.03, to each Holder of a Debt Security of any series whose name and address are appear in the information preserved at the time by the Trustee as provided in accordance with Section 5.02(a) hereof7.02(a).
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Debt Securities of any such series are listed listed, with the Commission and also with the CommissionCompany. The Company will notify the Trustee when and as the Securities of any series become of Debt Securities are listed on any stock exchange. ARTICLE SIX.
Appears in 2 contracts
Samples: Subordinated Debt Indenture (Calgon Carbon Corporation), Subordinated Debt Indenture (MOB Corp)
Reports by Trustee. (a) On or before Within 60 days after the first July 15th May 15 which occurs not less than 60 days following the first date of execution issuance of Securities of any series under this Indenture, Indenture and on or before July within 60 days after May 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 6.9 and its qualifications under Section 7.086.8, 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 paragraph (1) through (10) of Section 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 Securities of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(43) 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 paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(54) 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;
(65) any additional issue of Securities which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 2 contracts
Samples: Indenture (Ingersoll Rand Co), Indenture (Ingersoll Rand Co)
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following May 15 after the date first issuance of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunderSecurities, the Trustee shall transmit to the Securityholders as hereinafter Holders, in this the manner and to the extent provided in TIA Section 5.04 provided313(c), a brief report dated as of the preceding 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:
(1) the release, or release and substitution, of property subject to any change 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 per centum of the aggregate principal amount of the Securities Outstanding at the time of such release, or such release and substitution, such report to its eligibility under Section 7.09, and its qualifications under Section 7.08;be so transmitted within 90 days after such time; and
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 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 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 state such advances if such advances so remaining unpaid aggregate not more than one-half of one percent of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.10.
(b) The Trustee shall transmit to the Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (aTIA Section 313(a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this the Indenture), for the reimbursement of which it claims or may claim a lien Lien or charge charge, prior to that of the Securities of any series Indenture Securities, on the trust estate or on property or funds held or collected by it as 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 ten percent or less more than 10 per centum of the aggregate principal amount of the Securities of such series Outstanding at such time, such report to be so transmitted within 90 days after such time.
(c) Reports pursuant to this Section 5.04 shall be transmitted . To the extent required by mail (i) to all Holders of Securities of any seriesapplicable laws, as the names rules and addresses of such Holders shall appear upon the Register of the Securities of such seriesregulations, (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 a copy of each such report shall, at the time of such transmission to Securityholdersthe Holders, be filed by the Trustee with each stock exchange exchange, if any, upon which the Securities of any series are listed 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 beneficial 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 Trustee shall notify the Trustee when Casino Control Commission and as the Securities Division of Gaming Enforcement on a continuing basis and in writing, of any series become listed on actions 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 stock exchange. ARTICLE SIXand 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) On or before Within 60 days after March 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder20___, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 6.09 and its qualifications under Section 7.086.08;
(2) the creation of or any material change to a relationship specified in paragraph (1Section 310(b)(1) through (10Section 310(b)(10) of Section 7.08(d)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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Outstanding 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 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 paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture which hereunder 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Outstanding 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 SecurityholdersHolders, be filed by the Trustee with each stock securities exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become are listed on any stock securities exchange. ARTICLE SIX.
Appears in 2 contracts
Samples: Subordinated Indenture (Cottonwood Land Co), Subordinated Indenture (Peabody Energy Corp)
Reports by Trustee. (a) On or before the first July 15th following the date Within 60 days after ________ of execution of this Indentureeach year, and on or before July 15 in every year thereaftercommencing _______ __, if and so long as any Securities are Outstanding hereunder200_, the Trustee shall shall, to the extent required by the Trust Indenture Act, transmit to all Holders of Debt Securities of any series with respect to which it acts as Trustee, in the Securityholders as manner hereinafter provided in this Section 5.04 provided7.03, a brief report dated as of the preceding May 15 such 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 7.09, 6.09 and its qualifications under Section 7.086.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d)6.08(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 Debt Securities of any 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Outstanding Debt 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 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 based upon a creditor relationship arising in any manner described in paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Debt Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b) The Trustee shall transmit by mail to all Holders of Debt Securities of any series (whose names and addresses appear in the Securityholdersinformation 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 the 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 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Debt Securities of any series such series, 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 for each series 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 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 5.04 7.03 shall be transmitted by mail mail:
(i1) to all Holders of Securities of any seriesRegistered Securities, as the names and addresses of such Holders shall of Registered Securities appear upon in the Register of the Securities of such series, Security Register; and
(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 (iii2) except in the case cases of reports pursuant to subsection (b) of this Section 5.04 7.03, to each Holder of a Debt Security of any series whose name and address are appear in the information preserved at the time by the Trustee as provided in accordance with Section 5.02(a) hereof7.02(a).
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Debt Securities of any such series are listed listed, with the Commission and also with the CommissionCompany. The Company will notify the Trustee when and as the Securities of any series become of Debt Securities are listed on any stock exchange. ARTICLE SIX.
Appears in 2 contracts
Samples: Indenture (Genesee & Wyoming Inc), Subordinated Debt Indenture (Scotts Company)
Reports by Trustee. (a) On or before Within 60 days after the first July 15th following Reporting Date occurring subsequent to the date initial issuance of execution of this Indenture, Securities hereunder and on or before July 15 in every year within 60 days after each Reporting Date occurring thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to the Securityholders Holders, as hereinafter in this Section 5.04 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 the preceding May 15 such 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 7.09, 7.09 and its qualifications under Section 7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1Section 310(b)(1) through (10Section 310(b)(10) of Section 7.08(d)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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series 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 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 paragraph (2Section 7.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.107.02.
(b) The Trustee shall transmit by mail to the SecurityholdersHolders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series Securities, on property or funds held or collected by it as Trustee, Trustee and which it has not previously reported pursuant to this subsection, 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 of such series Outstanding for which it is Trustee at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to All reports required by this Section 5.04 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 mail: (i) to all Holders of Securities of any seriesregistered Holders, as the their names and addresses of such Holders shall appear upon in the Register of the Securities of such series, Security Register; (ii) to such Holders of Securities such series as have, within the two years preceding such transmission, filed their names and addresses with the Trustee for that purpose purpose; and (iii) except in the case of reports pursuant to subsection (b) of this Section 5.04 8.03, to each Holder all Holders of such series whose name names and address are preserved at the time addresses have been furnished to or received by the Trustee as provided in pursuant to Section 5.02(a) hereof.
(d) 8.01. A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 2 contracts
Samples: Subordinated Indenture (Century Communications Corp), Indenture (Centennial Puerto Rico Operations Corp)
Reports by Trustee. (a) On or before prior to September 1 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder2001, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding May 15 July 1 of such 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 7.09, 6.9 and its qualifications under Section 7.086.8;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d)310(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 2 contracts
Samples: Indenture (Cii Financial Inc), Indenture (Cii Financial Inc)
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following May 15 after the date first issuance of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunderSecurities, the Trustee shall transmit to the Securityholders as hereinafter Holders, in this the manner and to the extent provided in TIA Section 5.04 provided313(c), a brief report report, dated as of the preceding 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 7.09, and its qualifications under Section 7.08;[intentionally omitted]; and
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d);
(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 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 state such advances if such advances so remaining unpaid aggregate not more than one-half of one percent of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.10.
(b) The Trustee shall transmit to the Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (aTIA Section 313(a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this the Indenture), for the reimbursement of which it claims or may claim a lien Lien or charge charge, prior to that of the Securities of any series Indenture Securities, on the trust estate or on property or funds held or collected by it as 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 ten percent or less more than 10 per centum of the aggregate principal amount of the Securities of such series Outstanding at such time, such report to be so transmitted within 90 days after such time.
(c) Reports pursuant to this Section 5.04 shall be transmitted . To the extent required by mail (i) to all Holders of Securities of any seriesapplicable laws, as the names rules and addresses of such Holders shall appear upon the Register of the Securities of such seriesregulations, (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 a copy of each such report shall, at the time of such transmission to Securityholdersthe Holders, be filed by the Trustee with each stock exchange exchange, if any, upon which the Securities of any series are listed 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 beneficial 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 Trustee shall notify the Casino Control Commission and the Division of Gaming Enforcement on a continuing basis and in writing, of any actions taken by the Trustee when or the Holders with regard to such default, acceleration or similar matters related thereto.
(d) The Trustee shall notify the Casino Control Commission and as 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 any series become listed on any stock exchange. ARTICLE SIXthe Securities.
Appears in 2 contracts
Samples: Indenture (Atlantic Coast Entertainment Holdings Inc), Indenture (Atlantic Coast Entertainment Holdings Inc)
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder1991, the Trustee shall transmit by mail to all Holders of Registered Securities of any series, as their names and addresses appear in the Securityholders as hereinafter in this Security Register and to all other Holders who are entitled to receive reports pursuant to Section 5.04 provided704(3), a brief report dated as of the preceding 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 7.09, 609 and its qualifications under Section 7.08608;
(2) the creation of or any material change to a relationship specified in paragraph paragraphs (1) through (10) of Section 7.08(d608(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 Securities of such series or any seriesrelated 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 based upon a creditor relationship arising in any manner described in paragraph (2Section 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders of Securities of any series, as hereinafter providedtheir names and addresses appear in the Security Register and to all Holders who are entitled to receive reports pursuant to Section 704(3), a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 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 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee in writing when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 2 contracts
Samples: Indenture (Potlatch Corp), Indenture (Potlatch Corp)
Reports by Trustee. (a) On or before Within 60 days after __________ of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder20__, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 6.09 and its qualifications under Section 7.086.08;
(2) the creation of or any material change to a relationship specified in paragraph (1Section 310(b)(1) through (10Section 310(b)(10) of Section 7.08(d)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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Outstanding 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 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 paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture which hereunder 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Outstanding 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 SecurityholdersHolders, be filed by the Trustee with each stock securities exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become are listed on any stock securities exchange. ARTICLE SIX.
Appears in 2 contracts
Samples: Subordinated Indenture (Black Beauty Coal Co), Senior Indenture (Black Beauty Coal Co)
Reports by Trustee. (a) On or before the first July 15th following the date Within 90 days after May 15 of execution of this Indentureeach year commencing with May 15, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder1996, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of 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):to:
(1) any change to its eligibility under Section 7.09, and its qualifications under Section 7.08608, 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 paragraph (1) through (10) of Section 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 Securities of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state such advances if such advances so remaining unpaid aggregate not more than one-half of one percent of the principal amount of the Securities of such series Outstanding on the date of such report;
(43) 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 paragraph (2Section 311(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13the Trust Indenture Act;
(54) 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;
(65) any additional issue of Securities which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it in accordance with the provisions of Section 6.10.
(b) The Trustee shall transmit to the Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series 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 or less of the principal amount of Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 Securityholdersthe Holders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed listed, with the Commission and also with the CommissionCompany. The Company will notify the Trustee when and as the Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 2 contracts
Samples: Collateralized Note Indenture (Huntway Partners L P), Collateralized Note Indenture (Huntway Partners L P)
Reports by Trustee. (a) On or before the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit to the Securityholders as hereinafter in this Section 5.04 provided, a brief report dated as of 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 7.09, and its qualifications under Section 7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 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 Securities of any seriesSeries, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state such advances if such advances so remaining unpaid aggregate not more than one-half of one percent of the principal amount of the Securities of such series Series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other 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 indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.10.
(b) The Trustee shall transmit to the Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series Series 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 or less of the principal amount of Securities of such series 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) to all Holders of Securities of any seriesSeries, as the names and addresses of such Holders shall appear upon the Register of the Securities of such seriesSeries, (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 Securityholders, be filed by the Trustee with each stock exchange upon which the Securities of any series Series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIXthe
Appears in 2 contracts
Samples: Indenture (Chevron Canada Capital Co), Indenture (Chevron Canada Capital Co)
Reports by Trustee. (a1) On or before Within sixty (60) days of May 15 each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder[2002], the Trustee shall transmit by mail to the Securityholders all Noteholders, as hereinafter in this Section 5.04 providedhereafter provided for, a brief report dated as of 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 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 7.09, 609 and its qualifications under Section 7.08608, 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 paragraph paragraphs (1e) through (10f) of Subsection (3) of Section 7.08(d)608;
(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 Securities of any seriesNotes, 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 state report such advances if the unpaid aggregate of such advances so remaining unpaid aggregate does not more than one-half exceed 1/2 of one percent 1% of the principal amount of the Securities of such series Notes Outstanding on the date of such report;
(4d) 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 corporate capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except an indebtedness based upon a creditor relationship arising in any manner described in paragraph Section 613(2) (2b), (3c), (4d) or (6) of subsection (b) of Section 7.13f);
(5e) 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;
(6f) any additional issue of Securities Notes which the Trustee has not previously reported; and
(7g) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b2) The Trustee shall transmit by mail to the Securityholdersall Noteholders, as hereinafter providedtheir names and addresses appear in the Note Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a1) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series Notes, on property or funds held or collected by it as Trustee, Trustee and which it has not previously reported pursuant to this subsection, 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 Securities of such series the Notes Outstanding at such time, such report to be transmitted within 90 days after such time.
(c3) Reports pursuant to this Section 5.04 704 shall be transmitted by mail (i) to all Holders of Securities of any seriesNoteholders, as the names and addresses of such Holders shall Noteholders 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) hereofNote Register.
(d4) A copy of each such report shallreport, at the time of such transmission to SecurityholdersNoteholders, shall be filed by the Trustee with each stock exchange or market upon which the Securities of any series Notes are listed and also listed, with the Commission, if required, and with the Company. The Company will notify the Trustee when and as the Securities of any series become Notes are listed on any stock exchange. End Of Article Seven. -57- Indenture ARTICLE SIXEIGHT CONSOLIDATION, MERGER, CONVEYANCE, TRANSFER OR LEASE
Appears in 2 contracts
Samples: Indenture (PDS Gaming Corp), Indenture (PDS Financial Corp)
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder1984, the Trustee shall transmit by mail to all Holders of Securities, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 609 and its qualifications under Section 7.08608, 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 paragraph (1) through (10) of Section 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 Securities of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(43) 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 paragraph Section 613 (b) (2), (3), (4) or (6) of subsection (b) of Section 7.13);
(54) 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;
(65) any additional issue of Securities which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders of Securities, as hereinafter providedprovided in Subsection (c) of this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 5.04 shall be transmitted by mail mail:
(i1) to all Holders of Securities of any seriesRegistered Securities, as the names and addresses of such Holders shall appear upon in the Register of the Securities of such series, Security Register;
(ii2) 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 purpose; and
(iii3) except in the case of reports pursuant to subsection Subsection (b) of this Section 5.04 Section, to each Holder of a Security whose name and address are is preserved at the time by the Trustee Trustee, as provided in Section 5.02(a) hereof702(a).
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders of Securities, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 2 contracts
Samples: Annual Report, Supplemental Indenture (Merrill Lynch & Co Inc)
Reports by Trustee. (a) On or before the first July 15th following the date of execution of this IndentureOctober 1, 20 , and on or before July 15 October 1 in every year thereafter, if 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 to the Securityholders Holders as hereinafter in this Section 5.04 provided, 7.3 provided and to the Company a brief report report, dated as of the preceding May 15 [ , 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 7.096.9, and its qualifications qualification under Section 7.086.8;
(2ii) the creation of or any material change to a relationship specified in paragraph paragraphs (1i) through (10x) of Subsection (b) of Section 7.08(d)6.8;
(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half of one percent per cent of the aggregate principal amount of the Outstanding Securities of such series Outstanding on the date of such report;
(4iv) the amount, interest rate 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 paragraph (2), (3), (4) or (65) of subsection Subsection (b) of Section 7.136.13;
(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 additional issue of Securities which the Trustee it has not previously reported; and
(7vii) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit to the SecurityholdersHolders, as hereinafter provided, and to the Company a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 7.3 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), ) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of 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 ten percent per cent or less of the aggregate principal amount of the Outstanding 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 7.3 shall be transmitted by mail (i) delivered 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 in accordance 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) hereof17.3.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which any of the Securities of any series are listed and also with the Commission. The Company will agrees to notify the Trustee when and as any of the Securities of any series become listed on any stock exchange. ARTICLE SIX.
Appears in 2 contracts
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder2001, the Trustee shall transmit by first class mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 6.8 and its qualifications under Section 7.086.7, 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 paragraph (1) through (10) of Section 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 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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;:
(43) 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, capacity on the date of such report, with a brief description of any property held as collateral security therefor, except an indebtedness based upon a creditor relationship arising in any manner described in paragraph (2Section 6.12(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(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;
(65) any additional issue of Securities which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit by first class mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted transmitted, pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 2 contracts
Samples: Indenture (Peter Kiewit Sons Inc /De/), Indenture (Kiewit Materials Co)
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and 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, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding May 15 such 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 7.09, 609 and its qualifications under Section 7.08608, 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 paragraph (1) through (10) of Section 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 asserts or may assert a claim a lien or charge, prior to that of the Securities of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(43) 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 paragraph (2Section 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(54) 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;
(65) any additional issue of Securities which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit transmit, or cause to the Securityholdersbe transmitted, by mail to all Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims asserts or may assert a claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 2 contracts
Samples: Indenture (Boise Cascade Trust Iii), Indenture (Boise Cascade Trust Iii)
Reports by Trustee. (a) On or before the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so So long as any Securities Notes are Outstanding hereunder, the Trustee shall transmit to the Securityholders as hereinafter in this Section 5.04 providedNoteholders, at intervals of not more than 12 months, a brief report dated as of the preceding 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 7.097.07, and or in lieu thereof, if to the best of its qualifications knowledge it has continued to be eligible under Section 7.08;
such Section, a written statement to such effect; (2ii) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d);
(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 Securities of any seriesNotes, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half of one percent 0.5% of the principal amount of the Securities of such series Notes Outstanding on the date of such report;
; (4iii) the 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 indebtedness based upon a creditor relationship arising in any manner described in paragraph ; (2), (3), (4iv) or (6) of subsection (b) of Section 7.13;
(5) any change to the The property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
; (6v) any Any additional issue of Securities Notes which the Trustee has not previously reported; and
and (7vi) any Any action taken by the Trustee in the performance of its duties under this Indenture 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 it in accordance with the provisions of Section 6.10.Notes.\
(b) The Trustee shall transmit to the Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series 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 or less of the principal amount of Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 SecurityholdersNoteholders, be filed by the Trustee with each stock exchange upon which the Securities of any series Note are listed and also with the CommissionCompany. The Company will notify the Trustee when and as the Securities of any series become Notes are listed on any stock exchange. ARTICLE SIX.
Appears in 2 contracts
Samples: Indenture (Millicom International Cellular Sa), Indenture (Millicom International Cellular Sa)
Reports by Trustee. (a) On or before Within 60 days after March 15 of each year commencing with the year following the first July 15th following the date issuance of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunderSecurities, the Trustee for the Securities of each series shall transmit by mail to all Holders of the Securityholders Securities of such series, as hereinafter provided in subsection (c) of this Section 5.04 provided, a brief report dated as of the preceding May 15 such 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 7.09, 609 and its qualifications under Section 7.08608;
(2) the creation of or any material change to a relationship specified in paragraph (1Section 310(b)(1) through (10Section 310(b)(10) of Section 7.08(d)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 Securities of any 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on 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 based upon a creditor relationship arising in any manner described in paragraph (2Section 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the such Trustee (as such) such on the date of such report;
(6) any additional issue of Securities of such series which the such Trustee has not previously reported; and
(7) any action taken by the such Trustee in the performance of its duties under this Indenture 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 it such Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit to the Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series 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 or less of the principal amount of Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 Securityholders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIX
Appears in 2 contracts
Samples: Indenture (Philip Morris Companies Inc), Indenture (Philip Morris Companies Inc)
Reports by Trustee. (a) On or before the first July 15th following the date Within 60 days after ____________ of execution of this Indentureeach year, and on or before July 15 in every year thereaftercommencing ______________, if and so long as any Securities are Outstanding hereunder200___, the Trustee shall shall, to the extent required by the Trust Indenture Act, transmit to all Holders of Debt Securities of any series with respect to which it acts as Trustee, in the Securityholders as manner hereinafter provided in this Section 5.04 provided7.03, a brief report dated as of the preceding May 15 such 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 7.09, 6.09 and its qualifications under Section 7.086.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d)6.08(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 Debt Securities of any 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Outstanding Debt 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 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 based upon a creditor relationship arising in any manner described in paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Debt Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b) The Trustee shall transmit by mail to all Holders of Debt Securities of any series (whose names and addresses appear in the Securityholdersinformation 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 the 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 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Debt Securities of any series such series, 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 for each series 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 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 5.04 7.03 shall be transmitted by mail mail:
(i1) to all Holders of Securities of any seriesRegistered Securities, as the names and addresses of such Holders shall of Registered Securities appear upon in the Register of the Securities of such series, Security Register; and
(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 (iii2) except in the case cases of reports pursuant to subsection (b) of this Section 5.04 7.03, to each Holder of a Debt Security of any series whose name and address are appear in the information preserved at the time by the Trustee as provided in accordance with Section 5.02(a) hereof7.02(a).
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Debt Securities of any such series are listed listed, with the Commission and also with the CommissionCompany. The Company will notify the Trustee when and as the Securities of any series become of Debt Securities are listed on any stock exchange. ARTICLE SIX.
Appears in 2 contracts
Samples: Indenture (Genesee & Wyoming Inc), Indenture (Scotts Company)
Reports by Trustee. (a) On or before the first July 15th following the date Within 60 days after May 15 of execution of this Indentureeach year, and on or before July 15 in every year thereaftercommencing May 15, if and so long as any Securities are Outstanding hereunder2020, the Trustee shall shall, to the extent required by the TIA, transmit to all Holders of Notes, in the Securityholders as manner hereinafter provided in this Section 5.04 provided7.16, a brief report dated as of the preceding May 15 such 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 7.09, 7.09 and its qualifications under Section 7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10Section 310(b)(1)-(10) of Section 7.08(d)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 Securities of any seriesNotes, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding Notes 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 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 paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities Notes which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.107.02.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders of Notes, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 7.16 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series Notes, 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 Securities of such series the Outstanding Notes at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 5.04 7.16 shall be transmitted by mail mail:
(i1) to all Holders of Securities of any seriesHolders, as the names and addresses of such Holders shall appear upon in the Register of the Securities of such series, Register; and
(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 (iii2) except in the case cases of reports pursuant to subsection (b) of this Section 5.04 7.16, to each Holder of a Note whose name and address are appear in the information preserved at the time by the Trustee as provided in accordance with Section 5.02(a) hereof.
(d) 2.05. A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which any Notes are listed, with the Securities of any series are listed Commission and also with the CommissionCompany. The Company will notify the Trustee when and as the Securities of any series become Notes are listed on any stock exchange. ARTICLE SIX.
Appears in 2 contracts
Samples: Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co)
Reports by Trustee. (a) On or before the first July 15th following the date Within 60 days after January 15 of execution of this Indentureeach year, and on or before July 15 in every year thereaftercommencing January 15, if and so long as any Securities are Outstanding hereunder2000, the Trustee shall shall, to the extent required by the Trust Indenture Act, transmit to all Holders of Debt Securities of any series with respect to which it acts as Trustee, in the Securityholders as manner hereinafter provided in this Section 5.04 provided7.3, a brief report dated as of the preceding May 15 such 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 7.09, 6.9 and its qualifications under Section 7.086.8;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d)6.8(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 Debt Securities of any 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Outstanding Debt 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 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 based upon a creditor relationship arising in any manner described in paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Debt Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit by mail to all Holders of Debt Securities of any series (whose names and addresses appear in the Securityholdersinformation 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 the 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 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Debt Securities of any series such series, 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 for each series 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 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 5.04 7.3 shall be transmitted by mail mail:
(i1) to all Holders of Securities of any seriesRegistered Securities, as the names and addresses of such Holders shall of Registered Securities appear upon in the Register of the Securities of such series, Security Register; and
(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 (iii2) except in the case cases of reports pursuant to subsection (b) of this Section 5.04 7.3, to each Holder of a Debt Security of any series whose name and address are appear in the information preserved at the time by the Trustee as provided in accordance with Section 5.02(a) hereof7.2(a).
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by with the Trustee Company and the Company shall file such report with each stock exchange upon which the any Debt Securities of any such series are listed listed, with the Commission and also with the CommissionCompany. The Company will notify the Trustee when and as the Securities of any series become of Debt Securities are listed on any stock exchange. ARTICLE SIX.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Rga Capital Trust Ii), Junior Subordinated Indenture (Reinsurance Group of America Inc)
Reports by Trustee. (a) On or before the first July 15th following the date Within 60 days after January 15 of execution of this Indentureeach year, and on or before July 15 in every year thereaftercommencing January 15, if and so long as any Securities are Outstanding hereunder1998, the Trustee shall shall, to the extent required by the Trust Indenture Act, transmit to all Holders of Debt Securities of any series with respect to which it acts as Trustee, in the Securityholders as manner hereinafter provided in this Section 5.04 provided7.03, a brief report dated as of the preceding May 15 such 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 7.09, 6.09 and its qualifications under Section 7.086.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d)6.08(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 Debt Securities of any 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Outstanding Debt 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 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 based upon a creditor relationship arising in any manner described in paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Debt Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b) The Trustee shall transmit by mail to all Holders of Debt Securities of any series (whose names and addresses appear in the Securityholdersinformation 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 the 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 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Debt Securities of any series such series, 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 for each series 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 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 5.04 7.03 shall be transmitted by mail mail:
(i1) to all Holders of Securities of any seriesRegistered Securities, as the names and addresses of such Holders shall of Registered Securities appear upon in the Register of the Securities of such series, Security Register; and
(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 (iii2) except in the case cases of reports pursuant to subsection (b) of this Section 5.04 7.03, to each Holder of a Debt Security of any series whose name and address are appear in the information preserved at the time by the Trustee as provided in accordance with Section 5.02(a) hereof7.02(a).
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Debt Securities of any such series are listed listed, with the Commission and also with the CommissionCompany. The Company will notify the Trustee when and as the Securities of any series become of Debt Securities are listed on any stock exchange. ARTICLE SIX.
Appears in 2 contracts
Samples: Indenture (Intermedia Communications Inc), Indenture (Intermedia Communications Inc)
Reports by Trustee. (a) On or before Within 60 days after June 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder1998, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedDebenture Register, a brief report dated as of the preceding May such June 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):
(1i) any change to its eligibility under Section 7.09, 6.08 and its qualifications under Section 7.08310(b) of the Trust Indenture Act;
(2ii) the creation of or any material change to a relationship specified in paragraph (1Section 310(b)(1) through (10310(b)(10) of Section 7.08(d)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 of any seriesDebentures, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Debentures Outstanding on the date of such report;
(4iv) 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 SecuritiesDebentures) 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, therefor except an indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) Section 311 of Section 7.13the Trust Indenture Act;
(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;
(6vi) any additional issue of Securities Debentures which the Trustee has not previously reported; and
(7vii) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and address appear in the Debenture Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series Debentures, 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 ten percent 10% or less of the principal amount of Securities of such series the Debentures 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the Securities of any series Debentures are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the Securities of any series become Debentures are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Reports by Trustee. (a) On or before the first July 15th following the date Within 60 days after December 31 of execution of this Indentureeach year commencing with December 31, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder1997, the Trustee shall transmit by mail to the Securityholders Securityholders, as hereinafter their names and addresses then appear in this Section 5.04 providedthe Security Register, a brief report dated as of the preceding May 15 December 31 ("reporting date") with respect to any each of the following events which may have occurred within the previous 12 months (but events; provided, however, that if no such event has occurred within the previous twelve months (or within the period since the Closing Date, in the case of the first such period report) no report need be transmitted)::
(1) any change to its eligibility under Section 7.09, and its qualifications under Section 7.08;
(2) 6.07 hereof, including a report with respect to the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d);
310(b) of the TIA, 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; (32) the 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 Securities of any seriesSecurities, on the Pledged Property 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
reporting date; (43) the amount, interest rate and maturity date of all other indebtedness owing by the Company Issuer (or by any other obligor on the Securities) to the Trustee in its individual capacity, capacity on the date of such reportreporting date, with a brief description of any property held as collateral security therefor, except an indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), Section 311(b) of the TIA; (4) or (6) of subsection (b) of Section 7.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
reporting date; (65) any additional issue release, or release and substitution, of Securities property subject to the Lien of this Indenture (and the consideration therefor, if any) which the Trustee has not previously reported; and
and (76) any action taken by the Trustee in the performance of its duties under this Indenture 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 Securities or is to be withheld by it in accordance with the provisions of Section 6.10Pledged Property.
(b) The Trustee shall transmit by mail to the all Securityholders, as hereinafter provided, their names and addresses appear in the Security Register a brief report with respect to (i) the release, or release and substitution, of property subject to the Lien of this Indenture (and consideration therefor if any) unless the fair value of such property is less than 10% of the principal amount of the Securities Outstanding at the time of such release, or such release and substitu tion, such report to be transmitted within 90 days of such time, and (ii) the 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 Subsection (a) of this Section 5.04 12.03 (or if no such report has yet been be so transmitted, since the date of execution of this Indenture), Closing Date) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 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 of such time. For purposes of this Section 12.03(b) and for purposes of Section 1.02(b) hereof, the term "fair value," as that term may relate to the Collateral, shall be deemed to mean the Discounted Value of such Collateral at the time of determination.
(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 Securityholders, be filed by the Trustee with each stock securities exchange upon which the Securities of any series are listed listed, and also with the Commission. The Company Issuer will notify the Trustee when and as the Securities of any series become are listed on any stock securities exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture of Trust (Main Place Real Estate Investment Trust /Md/)
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder1987, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedDebenture Register, a brief report dated as of the preceding 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 7.09, 609 and its qualifications under Section 7.08608, 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 paragraph (1) through (10) of Section 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 Securities of any seriesDebentures, 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Debentures Outstanding on the date of such report;
(43) the amount, interest rate and maturity date of all other 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 based upon a creditor relationship arising in any manner described in paragraph (2Section 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(54) 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;
(65) any additional issue of Securities Debentures which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Debenture Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series Debentures, 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 ten percent 10% or less of the principal amount of Securities of such series the Debentures 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the Securities of any series Debentures are listed and also listed, with the CommissionCommission and with the Company and the 73 65 Guarantor. The Company will notify the Trustee when and as the Securities of any series become Debentures are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (Maxtor Corp)
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following year after the date Issue Date of execution a Series of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunderBonds, the Trustee shall transmit by mail to all Holders of Bonds of such Series, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedBond Register for such Series, a brief report dated as of the preceding 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 7.09, 7.09 and its qualifications under Section 7.08, 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 paragraph (1) through (10) of Section 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 reportreporting date, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities Bonds of any seriessuch 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of Bonds Outstanding for such series Outstanding Series on the date of such reportreporting date;
(43) the amount, interest rate and maturity date of all other 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 based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(54) any change to the property and fundsfunds relating to such Series, if any, physically in the possession of the Trustee (as such) such on the date reporting date;
(5) any release, or release and substitution, of any property relating to such reportSeries subject to the lien of the Standard Provisions Indenture (and the consideration therefore, if any) which it has not previously reported;
(6) any additional issue of Securities Bonds of such Series which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.107.02.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders of Bonds of a Series, as hereinafter providedtheir names and addresses appear in the Bond Register for such Series of Bonds, a brief report with respect to the character release, or release and amount substitution, of any advances property relating to such Series subject to the lien of this Standard Provisions Indenture (and consideration therefor, if any) unless the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date fair value of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series 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 or is less than 10% of the principal amount of Securities the Bonds Outstanding of such series Outstanding Series at the time of such timerelease, or such release and substitution, such report to be transmitted within 90 days after of 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 Securityholdersthe Holders of Bonds such Series, be filed by the Trustee with each stock securities exchange upon which the Securities Bonds of any series such Series are listed listed, and also with the Commission. The Company Issuer will notify the Trustee when and as the Securities Bonds of any series become Series are listed on any stock securities exchange. ARTICLE SIX.
(d) The Trustee shall transmit by mail to each Holder of Bonds 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) On or before the first July 15th following the date of execution of this IndentureOctober 1, 2013, and on or before July 15 October 1 in every year thereafter, if 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 to the Securityholders Holders as hereinafter in this Section 5.04 provided, 7.3 provided and to the Company a brief report report, dated as of the preceding May 15 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 7.096.9, and its qualifications qualification under Section 7.086.8;
(2ii) the creation of or any material change to a relationship specified in paragraph paragraphs (1i) through (10x) of Subsection (b) of Section 7.08(d)6.8;
(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half of one percent per cent of the aggregate principal amount of the Outstanding Securities of such series Outstanding on the date of such report;
(4iv) the amount, interest rate 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 paragraph (2), (3), (4) or (65) of subsection Subsection (b) of Section 7.136.13;
(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 additional issue of Securities which the Trustee it has not previously reported; and
(7vii) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit to the SecurityholdersHolders, as hereinafter provided, and to the Company a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 7.3 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), ) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of 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 ten percent per cent or less of the aggregate principal amount of the Outstanding 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 7.3 shall be transmitted by mail (i) to all Holders of Securities of any seriesHolders, 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) hereofSecurity Register.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which any of the Securities of any series are listed and also with the Commission. The Company will agrees to notify the Trustee when and as any of the Securities of any series become listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (Carnival PLC)
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, 1985 the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 609 and its qualifications under Section 7.08608, 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 paragraph (1) through (10) of Section 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 Securities of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(43) 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 paragraph (2Section 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(54) 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;
(65) any additional issue of Securities which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (Suntrust Banks Inc)
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder1992, the Trustee shall transmit by mail to the Securityholders all Holders of Debt Securities of any series with respect to which it acts as hereinafter Trustee, as provided in Subsection (c) of this Section 5.04 providedSection, a brief report dated as of the preceding 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 7.09, 609 and its qualifications under Section 7.08608;
(2) the creation of or any material change to a relationship specified in paragraph paragraphs (1) through (10) of Section 7.08(d608(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 Debt Securities of such series or any seriesrelated 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Outstanding Debt Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 based upon a creditor relationship arising in any manner described in paragraph (2Section 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;,
(6) any additional issue of Debt Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with Section 602; provided, however, that if the provisions of Section 6.10.
(b) The Trustee shall transmit Trust Indenture Act is amended subsequent to the Securityholders, as hereinafter provided, a date hereof to eliminate the requirement of the Trustee's brief report with respect to the character and amount of any advances (and if the Trustee elects so to statereport, the circumstances surrounding the making thereof) made report required by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series 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 ten percent or less of the principal amount of Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such timeHolders.
(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 Securityholders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIX
Appears in 1 contract
Samples: Indenture (Bankamerica Corp/De/)
Reports by Trustee. (a) On or before Within 60 days after April 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder1997, the Trustee shall transmit by mail to all Holders of Securities for which it is Trustee hereunder, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding May such April 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 7.09, 6.9 and its qualifications under Section 7.086.8, 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 paragraph (1) through (10) of Section 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 Securities of any seriessuch 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the such Securities of such series Outstanding on the date of such report;
(43) 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 paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(54) 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;
(65) any additional issue of Securities for which it is Trustee hereunder which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders of Securities for which it is Trustee hereunder, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series such 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 ten percent 10% or less of the principal amount of such Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 Securityholderssuch Holders, be filed by the Trustee with each stock securities exchange upon which the any such Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any such Securities of any series become are listed on any stock securities exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (SSBH Capital Iv)
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder2008, the Trustee shall transmit by mail to all Holders of Securities, if required by Section 313(a) of the Securityholders Trust Indenture Act and as hereinafter provided in Subsection (c) of this Section 5.04 providedSection, a brief report dated as of the preceding 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 7.09, 6.9 and its qualifications under Section 7.086.8, 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 paragraph paragraphs (1) through (10) of Section 7.08(d)310(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(4iv) 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 paragraph (2Section 6.13(b)(ii), (3iii), (4iv) or (6) of subsection (b) of Section 7.13vi);
(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;
(6vi) any additional issue of Securities which the Trustee has not previously reported; and
(7vii) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with Section 6.2, provided however, that if the provisions 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 6.10need not be transmitted to any Holders.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders of Securities, as hereinafter providedprovided in subsection (c) to this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 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 and Section 6.2 shall be transmitted by mail mail:
(i) to all Holders of Securities of any seriesSecurities, as the names and addresses of such Holders shall appear upon in the Register of the Securities of such series, Security Register;
(ii) to such Holders holders of Securities as have, indenture securities that have within the two years preceding such transmission, filed their names and addresses with the Trustee for that purpose and purpose; and
(iii) except in the case of reports pursuant to subsection (b) of this Section 5.04 Section, to each Holder of a Security whose name and address are is preserved at the time by the Trustee Trustee, as provided in Section 5.02(a) hereof7.2(a).
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders of Securities, be filed by the Trustee with each any stock exchange upon which the Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (Gatx Corp)
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder2001, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 6.8 and its qualifications under Section 7.08;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 paragraph (1) through (10) of Section 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 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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;:
(43) 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, capacity on the date of such report, with a brief description of any property held as collateral security therefor, except an indebtedness based upon a creditor relationship arising in any manner described in paragraph (2Section 6.12(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(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;
(65) any additional issue of Securities which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted transmitted, pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Reports by Trustee. (a) On or before Within 60 days after of ------------------- each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder1996, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedDebenture Register, a brief report dated as of the preceding May 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):
(1i) any change to its eligibility under Section 7.09, 6.08 and its qualifications under Section 7.08310(b) of the Trust Indenture Act;
(2ii) the creation of or any material change to a relationship specified in paragraph (1Section 310(b)(1) through (10310(b)(10) of Section 7.08(d)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 of any seriesDebentures, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Debentures Outstanding on the date of such report;
(4iv) 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 SecuritiesDebentures) 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, therefor except an indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) Section 311 of Section 7.13the Trust Indenture Act;
(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;
(6vi) any additional issue of Securities Debentures which the Trustee has not previously reported; and
(7vii) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and address appear in the Debenture Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series Debentures, 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 ten percent 10% or less of the principal amount of Securities of such series the Debentures 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the Securities of any series Debentures are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the Securities of any series become Debentures are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year in which any of the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities Debentures are Outstanding hereunderOutstanding, the Trustee shall transmit by mail, first class postage prepaid, to the Securityholders Debentureholders, as hereinafter in this Section 5.04 providedtheir names and addresses appear upon the Debenture Register, a brief report dated as of the preceding 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 no report need be transmitted):
(1) any change to its eligibility under Section 7.09, and its qualifications under Section 7.08;
(2) the creation of or any material change to a relationship specified in paragraph subsections (1c)(1) through (10c)(10) of Section 7.08(d)7.08;
(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 of any seriesDebentures, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Debentures Outstanding on the date of such report;
(4) the amount, interest rate rate, and maturity date of all other indebtedness owing by the Company (Company, or by any other obligor on the Securities) Debentures, to the Trustee in its individual capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except any indebtedness based upon a creditor relationship arising in any manner described in paragraph subsections (2b)(2), (3b)(3), (4) b)(4), or (6) of subsection (bb)(6) 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 change to any release, or release and substitution, of property, if any, subject to the lien of this Indenture (and the consideration thereof, if any) which it has not previously reported;
(7) any additional issue of Securities Debentures which the Trustee has not previously reported; and
(7) 8) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the SecuritiesDebentures or the Debentures of any series, except any action in respect of a defaultDefault, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.106.07.
(b) The Trustee shall transmit by mail, first class postage prepaid, to the SecurityholdersDebentureholders, as hereinafter providedtheir names and addresses appear upon the Debenture Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) such since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities Debentures of any series 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 subsection if such advances remaining unpaid at any time aggregate ten percent or less more than 10% of the principal amount of Securities Debentures 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 SecurityholdersDebentureholders, be filed by the Trustee with the Company, with each stock exchange upon which the Securities of any series Debentures are listed (if so listed) and also with the Commission. The Company will agrees to promptly notify the Trustee when and as the Securities of any series Debentures become listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Junior Indenture (Hawaiian Electric Industries Inc)
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder2005, the Trustee shall transmit by mail to all Holders of Securities for which it is Trustee hereunder, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 6.9 and its qualifications under Section 7.086.8, 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 paragraph (1) through (10) of Section 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 Securities of any seriessuch 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the such Securities of such series Outstanding on the date of such report;
(43) 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 paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(54) 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;
(65) any additional issue of Securities for which it is Trustee hereunder which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders of Securities for which it is Trustee hereunder, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series such 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 ten percent 10% or less of the principal amount of such Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 Securityholderssuch Holders, be filed by the Trustee with each stock securities exchange upon which the any such Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any such Securities of any series become are listed on any stock securities exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (Citigroup Capital Xii)
Reports by Trustee. (a) On or before Within 60 days after [DATE] of each year, commencing with the first July 15th following [DATE] after the date first issuance of execution of Debt Securities pursuant to this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall shall, to the extent required by the Trust Indenture Act, transmit to all holders of Debt Securities of any series with respect to which it acts as Trustee, in the Securityholders as manner hereinafter provided in this Section 5.04 provided7.3, a brief report dated as of the preceding May 15 such 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 7.09, 6.9 and its qualifications under Section 7.086.8;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d)310(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 Debt Securities of any 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Outstanding Debt 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 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 based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6Section 311(b) of subsection (b) of Section 7.13the Trust Indenture Act;
(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 additional issue of Debt Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit by mail to all holders of Debt Securities of any series (whose names and addresses appear in the Securityholdersinformation 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 the 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 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Debt Securities of any series such series, 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 for each series 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 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 5.04 7.3 shall be transmitted by mail mail:
(i1) to all Holders holders of Securities of any seriesDebt Securities, as the names and addresses of such Holders shall holders of Debt Securities appear upon in the Register of the Securities of such series, Security Register; and
(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 (iii2) except in the case cases of reports pursuant to subsection (b) of this Section 5.04 7.3, to each Holder holder of a Debt Security of any series whose name and address are appear in the information preserved at the time by the Trustee as provided in accordance with Section 5.02(a) hereof7.2(a).
(d) A copy of each such report shall, at the time of such transmission to Securityholders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIX
Appears in 1 contract
Samples: Indenture (Metro-Goldwyn-Mayer Inc)
Reports by Trustee. (a) On or before Within 60 days after the first July 15th following Reporting Date occurring subsequent to the date initial issuance of execution of this Indenture, Securities hereunder and on or before July 15 in every year within 60 days after each Reporting Date occurring thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to the Securityholders Holders, as hereinafter in this Section 5.04 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 the preceding May 15 such 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 7.09, 7.09 and its qualifications under Section 7.08, 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 paragraph (1Section 310(b)(1) through (10Section 310(b)(10) of Section 7.08(d)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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series 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 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 based upon a creditor relationship arising in any manner described in paragraph (2Section 7.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.107.02.
(b) The Trustee shall transmit by mail to the SecurityholdersHolders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series Securities, on property or funds held or collected by it as Trustee, Trustee and which it has not previously reported pursuant to this subsection, 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 of such series Outstanding for which it is Trustee at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to All reports required by this Section 5.04 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 mail: (i) to all Holders of Securities of any seriesregistered Holders, as the their names and addresses of such Holders shall appear upon in the Register of the Securities of such series, Security Register; (ii) to such Holders of Securities such series as have, within the two years preceding such transmission, filed their names and addresses with the Trustee for that purpose purpose; and (iii) except in the case of reports pursuant to subsection (b) of this Section 5.04 8.03, to each Holder all Holders of such series whose name names and address are preserved at the time addresses have been furnished to or received by the Trustee as provided in pursuant to Section 5.02(a) hereof.
(d) 8.01. A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Issuer. The Company Issuer will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Reports by Trustee. (a1) On or before Within sixty (60) days of May 15 each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder1998, the Trustee shall transmit by mail to the Securityholders all Debentureholders, as hereinafter in this Section 5.04 providedhereafter provided for, a brief report dated as of 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 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 7.09, 609 and its qualifications under Section 7.08608, 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 paragraph paragraphs (1e) through (10f) of subsection (3) of Section 7.08(d)608;
(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 Securities of any seriesDebentures, 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 state report such advances if the unpaid aggregate of such advances so remaining unpaid aggregate does not more than one-half exceed 1/2 of one percent 1% of the principal amount of the Securities of such series Debentures Outstanding on the date of such report;
(4d) the amount, interest rate and maturity date of all other 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 based upon a creditor relationship arising in any manner described in paragraph Section 612(2) (2b), (3c), (4d) or (6) of subsection (b) of Section 7.13f);
(5e) 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;
(6f) any additional issue of Securities Debentures which the Trustee has not previously reported; and
(7g) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b2) The Trustee shall transmit by mail to the Securityholdersall Debentureholders, as hereinafter providedtheir names and addresses appear in the Debenture Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a1) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series Debentures, on property or funds held or collected by it as Trustee, Trustee and which it has not previously reported pursuant to this subsection, 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 Securities of such series the Debentures Outstanding at such time, such report to be transmitted within 90 days after such time.
(c3) Reports pursuant to this Section 5.04 704 shall be transmitted by mail (i) to all Holders of Securities of any seriesDebentureholders, as the names and addresses of such Holders shall Debentureholders 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) hereofDebenture Register.
(d4) A copy of each such report shallreport, at the time of such transmission to SecurityholdersDebentureholders, shall be filed by the Trustee with each stock exchange or market upon which the Securities of any series Debentures are listed and also listed, with the Commission, if required, and with the Company. The Company will notify the Trustee when and as the Securities of any series become Debentures are listed on any stock exchange. END OF ARTICLE SIXSEVEN.
Appears in 1 contract
Samples: Indenture (United Homes Inc)
Reports by Trustee. (a1) On or before Within sixty (60) days of May 15 each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder2002, the Trustee shall transmit by mail to the Securityholders all Note Holders, as hereinafter in this Section 5.04 providedhereafter provided for, a brief report dated as of 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 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 7.09, 609 and its qualifications under Section 7.08603, 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;
(2b) the creation of or any material change to a relationship specified in paragraph paragraphs (1e) through (10f) of subsection (3) of Section 7.08(d)608;
(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 Securities of any seriesNotes, 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 state report such advances if the unpaid aggregate of such advances so remaining unpaid aggregate does not more than exceed one-half (1/2) of one percent (1%) of the principal amount of the Securities of such series Notes Outstanding on the date of such report;
(4d) 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 corporate capacity, on the date of such report, with a brief description of any property held as collateral security therefor, except an indebtedness based upon a creditor relationship arising in any manner described in paragraph (2Section 613(2)(b), (3c), (4d) or (6) of subsection (b) of Section 7.13f);
(5e) 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;
(6f) any additional issue of Securities Notes which the Trustee has not previously reported; and
(7g) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b2) The Trustee shall transmit by mail to the Securityholdersall Note Holders, as hereinafter providedtheir names and addresses appear in the Note Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a1) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series Notes, on property or funds held or collected by it as Trustee, -50- 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 Securities of such series Outstanding the Notes outstanding at such time, such report to be transmitted within 90 ninety (90) days after such time.
(c3) Reports pursuant to this Section 5.04 704 shall be transmitted by mail (i) to all Holders of Securities of any seriesNote Holders, as the names and addresses of such Note 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) hereofNote Register.
(d4) A copy of each such report shallreport, at the time of such transmission to SecurityholdersNote Holders, shall be filed by the Trustee with each stock exchange or market upon which the Securities of any series Notes are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the Securities of any series become Notes are listed on any stock exchange. ARTICLE SIXEIGHT CONSOLIDATION, MERGER, CONVEYANCE, TRANSFER OR LEASE SECTION 801. COMPANY MAY CONSOLIDATE, ETC., ONLY ON CERTAIN TERMS. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or any Subsidiary or convey, transfer or lease its properties and assets substantially as an entirety to the Company or any Subsidiary, unless:
(1) in case the Company shall consolidate with or merge into another corporation, trust or entity, the Person formed by such consolidation or into which the Company is merged shall be a trust, corporation or other entity organized and existing under the laws of the United States of America, any State thereof or the District of Columbia and shall expressly assume, by an indenture supplemental hereto, executed and delivered to the Trustee, in form satisfactory to the Trustee and counsel to the Trustee, the due and punctual payment of the principal of and interest on all the Notes and the performance of every covenant of this Indenture on the part of the Company to be performed or observed;
(2) immediately after giving effect to such transaction, and treating any indebtedness which becomes an obligation of the Company or a Subsidiary as a result of such transaction as having been incurred by the Company or such Subsidiary at the time of such transaction, no Event of Default, and no event which, with the passage of time or the giving of notice, would become an Event of Default, shall have occurred and be continuing;
(3) the Company, or the surviving entity, as the case may be, immediately before and immediately after giving effect to such transaction or series of transactions (including, without limitation, any Indebtedness incurred or anticipated to be incurred in connection with or in respect of such transaction or series of transactions) shall have a Consolidated Tangible Net Worth equal to or greater than the Consolidated Tangible Net Worth of the Company immediately prior to the transaction; and
(4) the Company has delivered to the Trustee an Officers' Certificate and an Opinion of Counsel, each stating that such consolidation, merger, conveyance, transfer or lease and, if a supplemental indenture is required in connection with such transaction, such supplemental indenture comply with this Article and that all conditions precedent herein provided for relating to such transaction have been complied with.
Appears in 1 contract
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder2004, the Trustee shall transmit by mail to all Holders of Securities, if required by Section 313(a) of the Securityholders Trust Indenture Act and as hereinafter provided in Subsection (c) of this Section 5.04 providedSection, a brief report dated as of the preceding 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 7.09, 6.9 and its qualifications under Section 7.086.8, 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 paragraph (1) through (10) of Section 7.08(d);
(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half -1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(4iii) 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 paragraph (2Section 6.13(b)(ii), (3iii), (4iv) or (6) of subsection (b) of Section 7.13vi);
(5iv) 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;
(6v) any additional issue of Securities which the Trustee has not previously reported; and
(7vi) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with Section 6.2, provided however, that if the provisions 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 6.10need not be transmitted to any Holders.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders of Securities, as hereinafter providedprovided in subsection (c) to this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 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 and Section 6.2 shall be transmitted by mail mail:
(i) to all Holders of Securities of any seriesSecurities, as the names and addresses of such Holders shall appear upon in the Register of the Securities of such series, Security Register; and
(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 Section, to each Holder of a Security whose name and address are is preserved at the time by the Trustee Trustee, as provided in Section 5.02(a) hereof7.2(a).
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders of Securities, be filed by the Trustee with each any stock exchange upon which the Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (Gatx Financial Corp)
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder2008, the Trustee shall transmit by mail to all Holders of Securities, if required by Section 313(a) of the Securityholders Trust Indenture Act and as hereinafter provided in Subsection (c) of this Section 5.04 providedSection, a brief report dated as of the preceding 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 7.09, 6.9 and its qualifications under Section 7.086.8, 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 paragraph paragraphs (1) through (10) of Section 7.08(d)310(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(4iv) 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 paragraph (2Section 6.13(b)(ii), (3iii), (4iv) or (6) of subsection (b) of Section 7.13vi);
(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;
(6vi) any additional issue of Securities which the Trustee has not previously reported; and
(7vii) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with Section 6.2, provided however, that if the provisions 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 6.10need not be transmitted to any Holders.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders of Securities, as hereinafter providedprovided in subsection (c) to this Section, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 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 and Section 6.2 shall be transmitted by mail mail:
(i) to all Holders of Securities of any seriesSecurities, as the names and addresses of such Holders shall appear upon in the Register of the Securities of such series, Security Register;
(ii) to such Holders holders of Securities as have, indenture securities that have within the two years preceding such transmission, filed their names and addresses with the Trustee for that purpose and purpose; and
(iii) except in the case of reports pursuant to subsection (b) of this Section 5.04 Section, to each Holder of a Security whose name and address are is preserved at the time by the Trustee Trustee, as provided in Section 5.02(a) hereof7.2(a).
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders of Securities, be filed by the Trustee with each any stock exchange upon which the Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (Gatx Corp)
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder1986, the Trustee shall transmit by mail to all Holders of Debt Securities of any series with respect to which it acts as Trustee, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, Section 609 and its qualifications under Section 7.08Section 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 paragraph (1) through (10) of Section 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 Debt Securities of any 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Debt Securities Outstanding of such series Outstanding on the date of such report;
(43) the amount, interest rate and maturity date of all other 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 based upon a creditor relationship arising in any manner described in paragraph (2Section 613(b)(2), (3(3), (4) or (6);
(4) or (6) of subsection (b) of Section 7.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(65) any additional issue of Debt Securities which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10Section 602.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders of Debt Securities of any series with respect to which it acts as Trustee, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a(a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Debt Securities of any series 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 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 Debt Securities Outstanding 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Debt Securities of any such series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Debt Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (Loews Corp)
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the year following the first July 15th following the date issuance of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunderpursuant to Section 301, the Trustee shall transmit by mail to all Holders of Securities, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 609 and its qualifications under Section 7.08608;
(2) the creation of or any material change to a relationship specified in paragraph paragraphs (1) through (10) of Section 7.08(d)310(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 112 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 paragraph (2Section 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders of Securities, as hereinafter providedprovided in Subsection (c) of this Section 703, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 703 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 5.04 703 shall be transmitted by mail mail:
(i1) to all Holders of Securities of any seriesRegistered Securities, as the names and addresses of such Holders shall appear upon in the Register of the Securities of such series, Security Register,
(ii2) 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 purpose; and
(iii3) except in the case of reports pursuant to subsection Subsection (b) of this Section 5.04 703, to each Holder of a Security whose name and address are is preserved at the time by the Trustee Trustee, as provided in Section 5.02(a) hereof702(a).
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders of Securities, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify not~ the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (Arvin Industries Inc)
Reports by Trustee. (a) On or before the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit to the Securityholders as hereinafter in this Section 5.04 provided, a brief report dated as of 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 7.09, and its qualifications under Section 7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 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 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 state such advances if such advances so remaining unpaid aggregate not more than one-half of one percent of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.10.
(b) The Trustee shall transmit to the Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series 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 or less of the principal amount of Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 Securityholders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Senior Indenture (Meru Networks Inc)
Reports by Trustee. (a) On or before Within 60 days after the first July 15th following Reporting Date occurring subsequent to the date initial issuance of execution of this Indenture, the Notes hereunder and on or before July 15 in every year within 60 days after each Reporting Date occurring thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to the Securityholders Holders, as hereinafter in this Section 5.04 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 Notes 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 the preceding May 15 such 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 7.09, 7.09 and its qualifications under Section 7.08, 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 paragraph (1Section 310(b)(1) through (10Section 310(b)(10) of Section 7.08(d)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 of any seriesNotes, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Notes 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 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 paragraph (2Section 7.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.107.02.
(b) The Trustee shall transmit by mail to the SecurityholdersHolders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series Notes, on property or funds held or collected by it as Trustee, Trustee and which it has not previously reported pursuant to this subsection, 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 Securities of such series the Notes Outstanding for which it is Trustee at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to All reports required by this Section 5.04 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 mail: (i) to all Holders of Securities of any seriesregistered Holders, as the their names and addresses of such Holders shall appear upon in the Register of the Securities of such series, Note Register; (ii) to such Holders of Securities such series as have, within the two years preceding such transmission, filed their names and addresses with the Trustee for that purpose purpose; and (iii) except in the case of reports pursuant to subsection (b) of this Section 5.04 8.03, to each Holder all Holders of such series whose name names and address are preserved at the time addresses have been furnished to or received by the Trustee as provided in pursuant to Section 5.02(a) hereof.
(d) 8.01. A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the Securities of any series Notes are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the Securities of any series become Notes are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Reports by Trustee. (a) On or before Within 60 days after January 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder1983, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding May such 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 7.09, 609 and its qualifications under Section 7.08608, 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 paragraph (1) through (10) of Section 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 Securities of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(43) 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 paragraph (2Section 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(54) 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;
(65) any additional issue of Securities which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal princi- pal 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (PPG Industries Inc)
Reports by Trustee. (a) On or before the first July 15th following the date Within 60 days after May 15 of execution of this Indentureeach year commencing with May 15, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder1998, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders Senior Note Register, as hereinafter provided in this Section 5.04 provided313(c) of the Trust Indenture Act, a brief report dated as of the preceding 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 7.09, and its qualifications under Section 7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 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 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 state such advances if such advances so remaining unpaid aggregate not more than one-half of one percent of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with and to the provisions extent required by Section 313(a) of Section 6.10the Trust Indenture Act.
(b) The Trustee shall transmit will provide the CCC and the Director of the NJDGE with:
(1) copies of all notices, reports and other written communications which the Trustee gives to Holders;
(2) a list of Holders promptly after the original issuance of the Senior Notes and a list of Holders eight months and two months prior to the Securityholdersexpiration date of each then-current gaming Permit held by the Partnership;
(3) notice of any Event of Default under this Indenture or of any event, as hereinafter providedoccurrence or condition which, with the giving of notice or lapse of time or both would constitute an Event of Default, any acceleration of the Indebtedness evidenced or secured hereby, the institution of any legal actions or proceedings before any court or governmental authority in respect of this Indenture or the Senior Note Mortgage, the entering into or taking possession of any property constituting the Collateral and any rescission, annulment or waiver in respect of an Event of Default;
(4) notice of the removal or resignation of the Trustee within five Business Days thereof;
(5) notice of any transfer or assignment of rights under this Indenture (but not in respect of the Senior Notes) or the Senior Note Mortgage within five Business Days thereof; and
(6) a brief report with respect copy of any amendment to the character and amount Senior Notes, this Indenture (including the Senior Guarantee) or the Senior Note Mortgage within five Business Days of the effectiveness thereof.
1. In the case of any advances notice in respect of any Event of Default, such notice shall be accompanied by a copy of any notice from the Holders, or a representative thereof or the Trustee, to the defaulting Person and, if accompanied by any such notice to the defaulting Person, shall be given simultaneously with the giving of any such notice to the defaulting Person. In the case of any legal actions or proceedings, such notice shall be accompanied by a copy of the complaint or other initial pleading or document. The Trustee shall in accordance with the limitations set forth herein cooperate with the CCC and the Director of NJDGE in order to provide the CCC and said Director with information and documentation relevant to compliance with clause (3) above and if as otherwise required by the New Jersey Casino Control Act. The Partnership will advise the Trustee elects so to state, of the circumstances surrounding the making thereof) made by the Trustee (as such) since the expiration date of the last report transmitted pursuant then-current gaming Permit held by the Partnership at least 90 days prior to the provisions of subsection (a) of this Section 5.04 (or if no expiration thereof and the Trustee until so advised may assume that such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series on property or funds held or collected by it as Trustee, and which it Permit 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 or less of the principal amount of Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such timeexpired.
(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 Securityholders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIX
Appears in 1 contract
Reports by Trustee. (ai) On or before The term "reporting date", as used in this Section, shall be May 15, commencing with May 15 of the year following the first July 15th following the date issue of execution of any Securities under this Indenture. Within 60 days after the reporting date in each year, and on or before July 15 in every year thereafter, if and so long at any other times as any Securities are Outstanding hereundermay be required by the Trust Indenture Act, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding such May 15 with respect to any of the following events which may have be 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)::
(1A) any change to its eligibility under Section 7.09, 6.9 and its qualifications under Section 7.086.8, 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 paragraph (1) through (10) of Section 7.08(d);
(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(4C) 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 paragraph (2Section 6.13(a)(iii)(B), (3C), (4D) or (6) of subsection (b) of Section 7.13F);
(5D) 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;
(6E) any additional issue of Securities which the Trustee has not previously reported; and
(7F) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.2.
(bii) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (ai) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 SecurityholdersHolders, be filed by the Trustee with each stock securities exchange upon which the Securities of any series are listed listed, and also with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the Securities of any series become are listed on any stock securities exchange. ARTICLE SIXEIGHT CONSOLIDATION, MERGER, CONVEYANCE, TRANSFER OR LEASE
8.1 COMPANY MAY CONSOLIDATE, ETC., ONLY ON
Appears in 1 contract
Samples: Indenture (Texas Petrochemicals Lp)
Reports by Trustee. (a) On or before The term "reporting date", as used in this SECTION 7.03 means May 15. Within 60 days after the first July 15th following the reporting date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereundereach year, the Trustee shall transmit by mail to all Debentureholders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedDebenture Register, a brief report dated as of the preceding May 15 such 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 7.09, SECTION 6.09 and its qualifications under Section 7.08SECTION 6.08, 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 paragraph (1) through (10) of Section 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 reportreporting date, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of any seriesDebentures, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Debentures Outstanding on the date of such report;reporting date:
(43) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the SecuritiesDebentures) 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 based upon a creditor relationship arising in any manner described in paragraph SECTION 6.13(b) (2), (3), (4) or (6) of subsection (b) of Section 7.13);
(54) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such reportreporting date;
(65) any additional issue of Securities Debentures which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10SECTION 6.02.
(b) The the Trustee shall transmit by mail to the Securityholdersall Debentureholders, as hereinafter providedtheir names and addresses appear in the Debenture Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 SECTION 7.03 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series Debentures, on property or funds held or collected by it as Trustee, and which it has not previously reported pursuant to this subsection, subsection (b) except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate ten percent 10% or less of the principal amount of Securities of such series the Debentures 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 SecurityholdersDebentureholders, be filed by the Trustee with each stock exchange upon which the Securities of any series are Debentures may be listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become Debentures are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (Banctec Inc)
Reports by Trustee. (a) On or before Within 60 days after March 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder2005, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 6.09 and its qualifications under Section 7.086.08;
(2) the creation of or any material change to a relationship specified in paragraph (1Section 310(b)(1) through (10Section 310(b)(10) of Section 7.08(d)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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Outstanding 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 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 paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture which hereunder 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Outstanding 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 SecurityholdersHolders, be filed by the Trustee with each stock securities exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become are listed on any stock securities exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (Peabody Energy Corp)
Reports by Trustee. (a) On or before the first July 15th following the date of execution of this Indenture, , and on or before July 15 in every year thereafter, if 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 to the Securityholders Holders as hereinafter in this Section 5.04 provided, 7.3 provided and to the Company a brief report report, dated as of the preceding May 15 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 7.096.9, and its qualifications qualification under Section 7.086.8;
(2ii) the creation of or any material change to a relationship specified in paragraph paragraphs (1i) through (10x) of Subsection (b) of Section 7.08(d)6.8;
(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half of one percent per cent of the aggregate principal amount of the Outstanding Securities of such series Outstanding on the date of such report;
(4iv) the amount, interest rate 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 paragraph (2), (3), (4) or (65) of subsection Subsection (b) of Section 7.136.13;
(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 additional issue of Securities which the Trustee it has not previously reported; and
(7vii) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit to the SecurityholdersHolders, as hereinafter provided, and to the Company a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 7.3 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), ) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of 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 ten percent per cent or less of the aggregate principal amount of the Outstanding Securities of such series Outstanding at not such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 5.04 7.3 shall be transmitted by mail (i) to all Holders of Securities of any seriesHolders, 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) hereofSecurity Register.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which any of the Securities of any series are listed and also with the Commission. The Company will agrees to notify the Trustee when and as any of the Securities of any series become listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (Carnival Corp)
Reports by Trustee. (a) On or before Within 60 days after _________________________ of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder199____, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding May 15 such ________________ 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 7.09, 6.9 and its qualifications under Section 7.086.8, 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 paragraph paragraphs (1) through (10) of Section 7.08(d6.8(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 of any seriesSecurities, 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.10.
(b) The Trustee shall transmit to the Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series 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 or less of the principal amount of Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 Securityholders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIX
Appears in 1 contract
Samples: Indenture (Belo a H Corp)
Reports by Trustee. (a) On or before Within 60 days after the first July 15th following the date initial Regular Record Date of execution of this Indentureeach calendar year, and on or before July 15 commencing in every year thereafter, if and so long as any Securities are Outstanding hereunder1999, the Trustee shall transmit by mail to the Securityholders as hereinafter in this Section 5.04 provided, all Holders of Securities a brief report dated as of the preceding May 15 such 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 7.09, 609 and its qualifications under Section 7.08608;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d)608;
(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half of one percent of the principal amount of the Securities of such series Outstanding 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 paragraph (2Sections 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit by mail to the Securityholders, as hereinafter provided, all Holders of Securities a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 703 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or 134 may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of Securities of such series Outstanding the securities 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 SecurityholdersHolders, be filed by the Trustee with each U.S. stock exchange upon which the any Securities of any series are listed and also with the CommissionCompany. The Company will notify the Trustee when and as the any Securities of any series become are listed on any U.S. stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (Midamerican Funding LLC)
Reports by Trustee. (a) On or before the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit to the Securityholders as hereinafter in this Section 5.04 provided, a brief report dated as of 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 7.09, and its qualifications under Section 7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 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 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 state such advances if such advances so remaining unpaid aggregate not more than one-—half of one percent of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.10.
(b) The Trustee shall transmit to the Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series 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 or less of the principal amount of Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 5.04 shall be transmitted by mail (i1) 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, (ii2) 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 (iii3) 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 Securityholders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Reports by Trustee. (a) On or before the first July 15th following the date Within 60 days after of execution of this Indentureeach year, and on or before July 15 in every year thereaftercommencing , if and so long as any Securities are Outstanding hereunder200 , the Trustee shall shall, to the extent required by the Trust Indenture Act, transmit to all Holders of Debt Securities of any series with respect to which it acts as Trustee, in the Securityholders as manner hereinafter provided in this Section 5.04 provided7.03, a brief report dated as of the preceding May 15 such 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 7.09, 6.09 and its qualifications under Section 7.086.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d)6.08(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 Debt Securities of any 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half ½ of one percent 1% of the principal amount of the Outstanding Debt 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 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 based upon a creditor relationship arising in any manner described in paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Debt Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b) The Trustee shall transmit by mail to all Holders of Debt Securities of any series (whose names and addresses appear in the Securityholdersinformation 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 the 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 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Debt Securities of any series such series, 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 for each series 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 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 5.04 7.03 shall be transmitted by mail mail:
(i1) to all Holders of Securities of any seriesRegistered Securities, as the names and addresses of such Holders shall of Registered Securities appear upon in the Register of the Securities of such series, Security Register; and
(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 (iii2) except in the case cases of reports pursuant to subsection (b) of this Section 5.04 7.03, to each Holder of a Debt Security of any series whose name and address are appear in the information preserved at the time by the Trustee as provided in accordance with Section 5.02(a) hereof7.02(a).
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Debt Securities of any such series are listed listed, with the Commission and also with the CommissionCompany. The Company will notify the Trustee when and as the Securities of any series become of Debt Securities are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Subordinated Debt Indenture (Bedford Property Investors Inc/Md)
Reports by Trustee. (a) On or before the first July 15th following the date of execution of this IndentureOctober 1, 20 , and on or before July 15 October 1 in every year thereafter, if 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 to the Securityholders Holders as hereinafter in this Section 5.04 provided, 7.3 provided and to the Company a brief report report, dated as of the preceding May 15 [ , 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 7.096.9, and its qualifications qualification under Section 7.086.8;
(2ii) the creation of or any material change to a relationship specified in paragraph paragraphs (1i) through (10x) of Subsection (b) of Section 7.08(d)6.8;
(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half of one percent per cent of the aggregate principal amount of the Outstanding Securities of such series Outstanding on the date of such report;
(4iv) the amount, interest rate 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 paragraph (2), (3), (4) or (65) of subsection Subsection (b) of Section 7.136.13;
(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 additional issue of Securities which the Trustee it has not previously reported; and
(7vii) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit to the SecurityholdersHolders, as hereinafter provided, and to the Company a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 7.3 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), ) for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of 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 ten percent per cent or less of the aggregate principal amount of the Outstanding 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 7.3 shall be transmitted by mail (i) delivered 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 in accordance 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) hereof16.3.
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which any of the Securities of any series are listed and also with the Commission. The Company will agrees to notify the Trustee when and as any of the Securities of any series become listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (Carnival PLC)
Reports by Trustee. (a) On or before the first July 15th following the date Within 60 days after May 15 of execution of this Indentureeach year, and on or before July 15 in every year thereaftercommencing May 15, if and so long as any Securities are Outstanding hereunder2002, the Trustee shall transmit by mail to the Securityholders as hereinafter in this Section 5.04 provided, Holders of Securities a brief report dated as of the preceding such May 15 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 7.09, 609 and its qualifications under Section 7.08608;
(2ii) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d)608;
(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 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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half of one percent of the principal amount of the Securities of such series Outstanding outstanding on the date of such report;
(4iv) 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 paragraph (2Sections 613(b)(ii), (3iii), (4iv) or (6) of subsection (b) of Section 7.13vi);
(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;
(6vi) any additional issue of Securities which that the Trustee has not previously reported; and
(7vii) any action taken by the Trustee in the performance of its duties under this Indenture which hereunder 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit by mail to the Securityholders, as hereinafter provided, all Holders of Securities a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 703 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 5.04 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 SecurityholdersHolders, be filed by the Trustee with each U.S. stock exchange upon which the any Securities of any series are listed listed, if any, and also with the CommissionCompany. The Company will notify the Trustee when and as the any Securities of any series become are listed on any U.S. stock exchange. ARTICLE SIX.
Appears in 1 contract
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder1990, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 609 and its qualifications under Section 7.08608, 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 paragraph (1) through (10) of Section 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 Securities of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(43) 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 paragraph (2Section 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(54) 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;
(65) any additional issue of Securities which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (Inco LTD)
Reports by Trustee. (a) On or before Within 60 days after January 1 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder1998, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding May 15 such 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):
(1i) any change to its eligibility under Section 7.09, 6.9 and its qualifications under Section 7.086.8, 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 paragraph (1Section 310(b)(1) through (10Section 310(b)(10) of Section 7.08(d)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 of any seriesSecurities, 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(4iv) 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 paragraph (2), (3), (4) or (6Section 311(b) of subsection (b) of Section 7.13the Trust Indenture Act;
(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 additional issue of Securities which the Trustee has not previously reported; and
(7vii) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series Securities, on the trust estate or 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (Argyle Television Inc)
Reports by Trustee. (a) On or before Within 60 days after the first July 15th May 15 which occurs not less than 60 days following the first date of execution issuance of Securities of any series under this Indenture, Indenture and on or before July within 60 days after May 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 609 hereof and its qualifications under Section 7.08608 hereof;
(2) the creation of or any material change to a relationship specified in paragraph paragraphs (1) through (10) of Section 7.08(d)310(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 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 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 indebtedness an Indebtedness based upon a creditor relationship arising in any manner described in paragraph (2Sections 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13hereof;
(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
(7) 8) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602 hereof.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir 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 the provisions of subsection Subsection (a) of this Section 5.04 703 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 SecurityholdersHolders, be filed by the Trustee with each stock national securities exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will promptly notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIXnational securities exchange or of any delisting thereof.
Appears in 1 contract
Reports by Trustee. (a) On or before Within 60 days after __________ of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder200_, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 6.09 and its qualifications under Section 7.086.08;
(2) the creation of or any material change to a relationship specified in paragraph (1Section 310(b)(1) through (10Section 310(b)(10) of Section 7.08(d)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 remain unpaid on the date of such report, and for the reimbursement of which it claims or may claim a lien or charge, prior to that of the Securities of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Outstanding 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 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 paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Outstanding 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 SecurityholdersHolders, be filed by the Trustee with each stock securities exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIXwith
Appears in 1 contract
Samples: Indenture (L 3 Communications Corp)
Reports by Trustee. (a) On or before Within 60 days after the first July 15th following Reporting Date occurring subsequent to the date initial issuance of execution of this Indenture, Securities hereunder and on or before July 15 in every year within 60 days after each Reporting Date occurring thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to the Securityholders Holders, as hereinafter in this Section 5.04 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 the preceding May 15 such 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 7.09, 7.09 and its qualifications under Section 7.08, 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 paragraph (1Section 310(b)(1) through (10Section 310(b)(10) of Section 7.08(d)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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series 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 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 paragraph (2Section 7.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.107.02.
(b) The Trustee shall transmit by mail to the SecurityholdersHolders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series Securities, on property or funds held or collected by it as Trustee, Trustee and which it has not previously reported pursuant to this subsection, 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 of such series Outstanding for which it is Trustee at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to All reports required by this Section 5.04 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 mail: (i) to all Holders of Securities of any seriesregistered Holders, as the their names and addresses of such Holders shall appear upon in the Register of the Securities of such series, Security Register; (ii) to such Holders of Securities such series as have, within the two years preceding such transmission, filed their names and addresses with the Trustee for that purpose purpose; and (iii) except in the case of reports pursuant to subsection (b) of this Section 5.04 8.03, to each Holder all Holders of such series whose name names and address are preserved at the time addresses have been furnished to or received by the Trustee as provided in pursuant to Section 5.02(a) hereof.
(d) 8.01. A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the Commission. The Company will notify the Trustee when Commission and as the Securities of any series become listed on any stock exchange. ARTICLE SIXwith the
Appears in 1 contract
Reports by Trustee. (a) On or before the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit to the Securityholders as hereinafter in this Section 5.04 provided, a brief report dated as of 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 7.09, and its qualifications under Section 7.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 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 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 state such advances if such advances so remaining unpaid aggregate not more than one-—half of one percent of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.10.
(b) The Trustee shall transmit to the Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series 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 or less of the principal amount of Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 Securityholders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIXthis
Appears in 1 contract
Reports by Trustee. (a) On or before the first July 15th following the date Within 60 days after ____ 1 of execution of this Indentureeach year, and on or before July 15 in every year thereaftercommencing ____1, if and so long as any Securities are Outstanding hereunder1997, the Trustee shall transmit by mail to the Securityholders as hereinafter in this Section 5.04 provided, all Holders of Securities a brief report dated as of the preceding May 15 such ____ 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 7.09, 609 and its qualifications under Section 7.08608;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d)608;
(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half of one percent percentum of the principal amount of the Securities of such series Outstanding 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 paragraph (2Sections 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit by mail to the Securityholders, as hereinafter provided, all Holders of Securities a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 703 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of Securities of such series Outstanding the securities 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 SecurityholdersHolders, be filed by the Trustee with each U.S. stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any U.S. stock exchange. ARTICLE SIX.
Appears in 1 contract
Reports by Trustee. (a) On or before Within 60 days after the first July 15th following January 15 occurring subsequent to the date initial issuance of execution of this Indenture, securities hereunder and within 60 days after January 15 on or before July 15 in every each year thereafter, if and so long as any Securities are Outstanding hereunder, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Reporter, a brief report dated as of the preceding May such 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.
(1) any change to its eligibility under Section 7.09, 809 and its qualifications under Section 7.08808, 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 paragraph (1) through (10) of Section 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 Securities of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding for which it is Trustee on the date of such report;
(43) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on an 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 paragraph Section 813(b) (2), (3), (4) or (6) of subsection (b) of Section 7.13);
(54) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date state of such report;
(65) any additional issue of Securities which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture hereunder which it has not previously reported and which in its opinion materially affects the Securities, except action in respect of a default, default notice of or which has been or is to be withheld by it the Trustee in accordance with the provisions of Section 6.10802.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding for which it is Trustee 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become arc listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder1995, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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 7.09, 610 and its qualifications under Section 7.08609;
(2) the creation of or any material change to a relationship specified in paragraph 1 through 10 of Subsection (1) through (10c) of Section 7.08(d)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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company (or by any other obligor on the 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 paragraph (2Section 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Supplemental Indenture (Coca Cola Bottling Co Consolidated /De/)
Reports by Trustee. (a) On or before The term "reporting date" as used in this Section means January 15. Within 60 days after the first July 15th following the reporting date of execution of this Indenturein each year, and on or before July 15 beginning in every year thereafter, if and so long as any Securities are Outstanding hereunder1998, the Trustee shall transmit by mail to all Securityholders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding May 15 such reporting date with respect to any of the following events which may have occurred within during the previous 12 months preceding 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 7.09, 609 and its qualifications under Section 7.08608;
(2) the creation of or any material change to a relationship specified in paragraph (1Section 310(b)(1) through (10Section 310(b)(10) of Section 7.08(d)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 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding 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 a manner described in paragraph (2Section 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit to the Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series 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 or less of the principal amount of Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 Securityholders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIX
Appears in 1 contract
Reports by Trustee. (a) On or before Within 60 days after May 15 of each year commencing with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder2004, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding May 15 such 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 7.09, 6.9 and its qualifications under Section 7.086.8, 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 paragraph (1) through (10) of Section 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 Securities of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Outstanding Securities of such series Outstanding on the date of such report;
(43) 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 paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(54) 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;
(65) any additional issue of Securities which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.2.
(b) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series Securities, on property or funds held or collected by it as Trustee, Trustee and which it has not previously reported pursuant to this subsectionSubsection (b), except that the Trustee shall not be required (but may elect) to report such advances if such advances remaining unpaid at any time aggregate ten percent 10% or less of the principal amount of the Outstanding 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 SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also with the CommissionCompany. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Reports by Trustee. (a) On or before the first July 15th following the date Within 60 days after May 15 of execution of this Indentureeach year, and on or before July 15 in every year thereaftercommencing May 15, if and so long as any Securities are Outstanding hereunder2002, the Trustee shall shall, to the extent required by the Trust Indenture Act, transmit to all Holders of Debt Securities of any series with respect to which it acts as Trustee, in the Securityholders as manner hereinafter provided in this Section 5.04 provided7.03, a brief report dated as of the preceding May 15 such 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 7.09, 6.09 and its qualifications under Section 7.086.08;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d)6.08(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 Debt Securities of any 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 state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Outstanding Debt 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 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 based upon a creditor relationship arising in any manner described in paragraph (2Section 6.13(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Debt Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b) The Trustee shall transmit by mail to all Holders of Debt Securities of any series (whose names and addresses appear in the Securityholdersinformation 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 the 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 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Debt Securities of any series such series, 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 for each series 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 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 5.04 7.03 shall be transmitted by mail mail:
(i1) to all Holders of Securities of any seriesRegistered Securities, as the names and addresses of such Holders shall of Registered Securities appear upon in the Register of the Securities of such series, Security Register; and
(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 (iii2) except in the case cases of reports pursuant to subsection (b) of this Section 5.04 7.03, to each Holder of a Debt Security of any series whose name and address are appear in the information preserved at the time by the Trustee as provided in accordance with Section 5.02(a) hereof7.02(a).
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Debt Securities of any such series are listed listed, with the Commission and also with the CommissionCompany. The Company will notify the Trustee when and as the Securities of any series become of Debt Securities are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Reports by Trustee. (a) On or before the first July September 15th following the date of execution of this Subordinated Indenture, and on or before July September 15 in every year thereafter, if and so long as any Subordinated Securities are Outstanding hereunder, the Trustee shall transmit to the Subordinated Securityholders as hereinafter in this Section 5.04 5.4 provided, a brief report dated as of the August 15 immediately preceding May such 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 7.097.9, and its qualifications under Section 7.087.8;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d7.8(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 Subordinated Securities of any seriesSeries, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state such advances if such advances so remaining unpaid aggregate not more than one-half of one percent of the principal amount of the Subordinated Securities of such series Series Outstanding on the date of such report;
(4) the amount, interest rate and maturity date of all other indebtedness owing by the Company Corporation (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 indebtedness based upon a creditor relationship arising in any manner described in paragraph (2), (3), (4) or (6) of subsection (b) of Section 7.13;
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) on the date of such report;
(6) any additional issue of Subordinated Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties 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 it in accordance with the provisions of Section 6.10.
(b) The Trustee shall transmit to the Subordinated Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 5.4 (or if no such report has yet been so transmitted, since the date of execution of this Subordinated Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Subordinated Securities of any series Series 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 or less of the principal amount of Subordinated Securities of such series Series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 5.04 5.4 shall be transmitted by mail (i) to all Holders of Subordinated Securities of any seriesSeries, as the names and addresses of such Holders shall appear upon the Register of the Subordinated Securities of such seriesSeries, (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 5.4 to each Holder whose name and address are preserved at the time by the Trustee as provided in Section 5.02(a5.2(a) hereof.
(d) A copy of each such report shall, at the time of such transmission to Subordinated Securityholders, be filed by the Trustee with each stock exchange upon which the Subordinated Securities of any series Series are listed and also with the Commission. The Company Corporation will notify the Trustee when and as the Subordinated Securities of any series Series become listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Reports by Trustee. (a) On or before Within 60 days after May 15 of ------------------ each year commencing with the first July 15th following May 15 after the date first issuance of execution of securities pursuant to this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunderinstrument, the Trustee shall transmit to the Securityholders as hereinafter Holders of Securities, in this the manner and to the extent provided in Section 5.04 provided703(c), a brief report dated as of the preceding May such day 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 7.09, 609 and its qualifications under Section 7.08608, 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 paragraph (1) through (10) of Section 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 Securities of any seriessecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 1% of the principal amount of the Securities of such series Outstanding on the date of such report;
(43) 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 paragraph (2Section 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(54) 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;
(65) any additional issue of Securities which the Trustee has not previously reported; and
(76) any action taken by the Trustee in the performance of its duties under this Indenture hereunder which it has not previously reported and which in its opinion materially affects the Securitiessecurities, except action in respect of a default, notice of which has been or is to be withheld by it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit to Holders of securities, in the Securityholdersmanner and to the extent provided in Section 703(c), as hereinafter providedand to the Company, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 703 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 5.04 703 shall be transmitted by mail mail:
(i1) to all Holders of Securities of any seriesRegistered Securities, as the names and addresses of such Holders shall appear upon in the Register of the Securities of such series, Security Register;
(ii2) 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 purpose; and
(iii3) except in the case of reports pursuant to subsection Subsection (b) of this Section 5.04 Section, to each Holder of a Security whose name and address are is preserved at the time by the Trustee Trustee, as provided in Section 5.02(a) hereof702(a).
(d) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock securities exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock securities exchange. ARTICLE SIX.
Appears in 1 contract
Reports by Trustee. (ai.) On or before Within 60 days after May 15 of each year commencing with the first July 15th following May 15 after the date first issuance of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunderSecurities, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of 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):to:
(1) any change to its eligibility under Section 7.09, 609 and its qualifications under Section 7.08608, and 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 paragraph (1) through (10) of Section 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 may, claim a lien Lien or charge, prior to that of the Securities of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one 1 percent of the principal amount of the Securities of such series Outstanding on the date of such report;
(43) 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 paragraph (2Section 613(b)(2), (3), (4) ), or (6) of subsection (b) of Section 7.13);
(54) 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;
(5) any release, or release and substitution, of property subject to the Lien of the Indenture (and the consideration therefor, if any) which the Trustee has not previously reported;
(6) any additional issue of Securities which the Trustee has not previously reported;
(7) any Lien granted or created on any assets of the Security Pool with respect to other Indebtedness of the Company in accordance with the provisions of Section 1109 which the Trustee has not previously reported; and
(7) 8) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(bii.) The Trustee shall transmit submit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect respect
(1) to the release, or release and substitution, of property subject to the Lien of the Indenture (and the consideration therefor, if any) unless the fair value of such property, as set forth in the certificate or opinion required by Trust Indenture Act Section 314(d)(1), is less than 10 percent of the principal amount of Securities Outstanding At the time of such release, or such release and substitution, such report to be transmitted within 90 days after such time; and
(2) to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of the execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien Lien or charge charge, prior to that of the Securities of any series 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 ten percent lot 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.
(ciii.) Reports pursuant to this Section 5.04 The Trustee shall be transmitted submit by mail (i) to all Holders of Securities of any seriesHolders, 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 appear in the case Security Register, a brief report identifying the assets in the Security Pool, such report to be transmitted within 90 days after the first issuance of reports pursuant to subsection (b) of Securities under 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) hereofIndenture.
(div.) A copy of each such report shall, at the time of such transmission to Securityholdersthe Holders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed listed, with the Commission and also with the CommissionCompany. The Company will notify the Trustee when and as the Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (Hallwood Group Inc)
Reports by Trustee. (a1) On or before Within sixty (60) days after May 15 of each year beginning with the first July 15th following the date of execution of this Indenture, and on or before July 15 in every year thereafter, if and so long as any Securities are Outstanding hereunder2001, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Securityholders as hereinafter in this Section 5.04 providedSecurity Register, a brief report dated as of the preceding 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):
(1a) any change to its eligibility under Section 7.09, 6.08 and its qualifications under Section 7.086.07;
(2b) the The creation of or any material change to a relationship specified in paragraph (1Section 3.10(b)(1) through Section 3.10(b) (10) of Section 7.08(d)the Trust Indenture Act;
(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 Securities of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state 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 of such series Outstanding on the date of such report;
(4d) 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 paragraph (2Section 6.12(2)(b), (3c), (4d) or (6) of subsection (b) of Section 7.13f);
(5e) 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;
(6f) any additional issue of Securities which the Trustee has not previously reported; and
(7g) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.106.02.
(b2) The Trustee shall transmit by mail to the Securityholdersall Holders, as hereinafter providedtheir names and addresses appear in the Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection Subsection (a1) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent (10%) or less of the principal amount of the Securities of such series Outstanding at such time, such report to be transmitted within 90 ninety (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.
(d3) A copy of each such report shall, at the time of such transmission to SecurityholdersHolders, be filed by the Trustee with each stock exchange upon which the any Securities of any series are listed and also listed, with the CommissionCommission and with the Company. The Company will notify the Trustee when and as the any Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Indenture (National Rural Utilities Cooperative Finance Corp /Dc/)
Reports by Trustee. (a) On or before Within 60 days after the first July 15th following the date initial Regular Record Date of execution of this Indentureeach calendar year, and on or before July 15 commencing in every year thereafter, if and so long as any Securities are Outstanding hereunder1998, the Trustee shall transmit by mail to the Securityholders as hereinafter in this Section 5.04 provided, all Holders of Securities a brief report dated as of the preceding May 15 such 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 7.09, 609 and its qualifications under Section 7.08608;
(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of Section 7.08(d)608;
(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half of one percent of the principal amount of the Securities of such series Outstanding 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 paragraph (2Sections 613(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit by mail to the Securityholders, as hereinafter provided, all Holders of Securities a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 703 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), instrument) for the reimbursement of which it claims or may claim a lien or charge charge, prior to that of the Securities of any series 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 ten percent 10% or less of the principal amount of Securities of such series Outstanding the securities 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 SecurityholdersHolders, be filed by the Trustee with each US stock exchange upon which the any Securities of any series are listed and also with the CommissionCompany. The Company will notify the Trustee when and as the any Securities of any series become are listed on any US stock exchange. .
ARTICLE SIXVIII CONSOLIDATION, MERGER, CONVEYANCE, SALE OR LEASE
Appears in 1 contract
Reports by Trustee. (a) On or before Within 60 days after September 15 of each year commencing with the first July 15th following September 15 occurring after the date initial issuance of execution of this Indenture, and 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 the Securityholders Holders of Securities, as hereinafter provided in Subsection (d) of this Section 5.04 providedSection, a brief report dated as of the preceding May such 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 7.09, 609 and its qualifications under Section 7.08608;
(2) the creation of or any material change to a relationship specified in paragraph (1Section 310(b)(1) through (10Section 310(b)(10) of Section 7.08(d)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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state report such advances if such advances so remaining unpaid aggregate not more than one-half 1/2 of one percent 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 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 paragraph (2Section 713(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13);
(5) any change to the property and funds, if any, physically in the possession of the Trustee (as such) such on the date of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties under this Indenture 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 it the Trustee in accordance with the provisions of Section 6.10602.
(b) The Trustee shall transmit to the Securityholders, as hereinafter provided, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (a) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series 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 or less of the principal amount of Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such time.
(c) Reports pursuant to this Section 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 Securityholders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed and also with the Commission. The Company will notify the Trustee when and as the Securities of any series become listed on any stock exchange. ARTICLE SIX
Appears in 1 contract
Reports by Trustee. (a) On or before The term "reporting date," as used in this Section, means December 15. Within sixty (60) days after the first July 15th following the reporting date of execution of this Indenture, and on or before July 15 each year commencing in every calendar year thereafter, if and so long as any Securities are Outstanding hereunder1997, the Trustee shall transmit by first-class mail, postage prepaid, to all Holders as their names and addresses appear in the Security Register at the close of business one (1) day prior to the Securityholders mailing date and to such other Persons as hereinafter in this may be required under Section 5.04 provided313(c) of the Trust Indenture Act, a brief report for the applicable period dated as of the preceding May 15 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 7.09, and its qualifications under Section 7.08608, 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 paragraph (1) through (10) of Section 7.08(d);
(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 of any seriesSecurities, on any property or funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to state such advances if such advances so remaining unpaid aggregate not more than one-half of one percent of the principal amount of the Securities of such series Outstanding on the date of such report;
(4iii) 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 indebtedness an Indebtedness based upon a creditor relationship arising in any manner described in paragraph (2Section 311(b)(2), (3), (4) or (6) of subsection (b) of Section 7.13the 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) such on the date of such report;
(6v) any additional issue of Securities which the Trustee has not previously reported; andNY1-463085 EXECUTION
(7vi) any action taken by the Trustee in the performance of its duties under this Indenture 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 Section 313(a) of a default, notice of which has been or is to be withheld by it in accordance with the provisions of Section 6.10Trust Indenture Act.
(b) The Trustee shall transmit to the Securityholders, as hereinafter provided, a brief report also comply with respect to the character and amount of any advances (and if the Trustee elects so to state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report transmitted pursuant to the provisions of subsection (aits obligations under Section 313(b) of this Section 5.04 (or if no such report has yet been so transmitted, since the date of execution of this Indenture), for the reimbursement of which it claims or may claim a lien or charge prior to that of the Securities of any series 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 or less of the principal amount of Securities of such series Outstanding at such time, such report to be transmitted within 90 days after such timeTrust Indenture Act.
(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 Securityholdersthe Holders, be filed by the Trustee with each stock exchange upon which the Securities of any series are listed listed, with the Commission and also with the CommissionCompany. The Company will notify the Trustee when and as the Securities of any series become are listed on any stock exchange. ARTICLE SIX.
Appears in 1 contract
Samples: Senior Secured Note Indenture (SLM International Inc /De)