Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 5 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 5. Only the Company or a Representative may give the notice. Nothing in this Article 5 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 9.07 hereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.
Appears in 7 contracts
Samples: Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.)
Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 5 XIII or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the TrusteeTrustee (other than pursuant to Section 13.04), and the Trustee and the Paying Agent may continue to make payments on the NotesSecurities, unless the Trustee a Trust Officer shall have received at its Corporate Trust Office at least five two Business Days prior to the date of such payment or distribution written notice of facts that would cause the such payment of any Obligations or distribution with respect to the Notes Securities to violate this Article 5XIII. Only the Company or a Representative may give the notice. Nothing in this Article 5 XIII shall impair the claims of, or payments to, the Trustee under or pursuant to Section 9.07 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.
Appears in 2 contracts
Samples: Indenture (Amkor International Holdings, LLC), Indenture (Amkor Technology Inc)
Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 5 6 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the TrusteeTrustee (other than pursuant to Section 6.5), and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least five two Business Days prior to the date of such payment or distribution written notice of directing that such payment or distribution not be made and setting forth the facts that would cause the such payment of any Obligations or distribution with respect to the Notes to violate this Article 5Article. Only the Company or a Representative may give the notice. Nothing in this Article 5 6 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 9.07 9.7 hereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.
Appears in 1 contract
Samples: Indenture (P Com Inc)
Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 5 4 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent paying agent may continue to make payments on the NotesDebentures, unless the Trustee shall have received at its Corporate Trust Office of the Trustee at least five three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes Debentures to violate this Article 54. Only the Company or a Representative representative may give the notice. Nothing in this Article 5 4 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 9.07 9.06 hereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. Any Agent agent may do the same with like rights.
Appears in 1 contract
Samples: Indenture (Genesis Healthcare Corp)
Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 5 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the NotesSecurities, unless a responsible officer of the Trustee shall have received at its Corporate Trust Office at least five three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations obligations with respect to the Notes Securities to violate this Article 5. Only the Company Issuer or a Representative representative may give the notice. Nothing in this Article 5 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 9.07 hereof9.7. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.
Appears in 1 contract
Samples: Indenture (Wynn Resorts LTD)
Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 5 12 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the NotesSecurities, unless the Trustee shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes Securities to violate this Article 512. Only the Company or a Representative may give the such notice. Nothing in this Article 5 12 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 9.07 7.7 hereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not the Trustee. Any Agent may do the same with like rights.
Appears in 1 contract
Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 5 11 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless a Responsible Officer of the Trustee shall have received at its Corporate Trust Office at least five three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations obligations with respect to the Notes to violate this Article 511. Only the Company or a Representative its representative may give the such notice. Nothing in this Article 5 11 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 9.07 hereof7.06. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.
Appears in 1 contract
Samples: Indenture (Profit Recovery Group International Inc)
Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 5 Fourteen or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 5Article. Only the Company or a the Senior Bank Representative may give the notice. Nothing in this Article 5 Fourteen shall impair the claims of, or payments to, the Trustee under or pursuant to Section 9.07 607 hereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.
Appears in 1 contract
Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 5 X or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 5. X. Only the Company Issuers or a Representative may give the notice. Nothing in this Article 5 X shall impair the claims of, or payments to, the Trustee under or pursuant to Section 9.07 7.7 hereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.
Appears in 1 contract
Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 5 X or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 5. X. Only the Company Issuer or a Representative may give the notice. Nothing in this Article 5 X shall impair the claims of, or payments to, the Trustee under or pursuant to Section 9.07 7.7 hereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.
Appears in 1 contract
Samples: Indenture (Cott Corp /Cn/)
Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 5 or any other provision of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 5. Only the Company or a Representative may give the notice. Nothing in this Article 5 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 9.07 hereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.
Appears in 1 contract
Samples: Indenture (Emcore Corp)
Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 5 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would could prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations obligations with respect to the Notes to violate this Article 5Article. Only the Company or a Representative of a holder of Senior Indebtedness may give the notice. Nothing in this Article 5 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 9.07 hereof6.07. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. Any Agent agent may do the same with like rights.
Appears in 1 contract
Samples: Indenture (Galaxy Cable Inc)
Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 5 X or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 5. X. Only the Company or a Representative may give the notice. Nothing in this Article 5 X shall impair the claims of, or payments to, the Trustee under or pursuant to Section 9.07 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.
Appears in 1 contract
Samples: Indenture (Iae Inc)
Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 5 9, or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause causes the payment of any Obligations obligations with respect to the Notes to violate this Article 5Article. Only the Company or a Representative the Trustee may give the notice. Nothing in this Article 5 9 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 9.07 5.7 hereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.
Appears in 1 contract
Samples: Subordinated Indenture (Inamed Corp)