Common use of Satisfaction of Mandatory Sinking Fund Payments with Debt Securities Clause in Contracts

Satisfaction of Mandatory Sinking Fund Payments with Debt Securities. In lieu of making all or any part of a mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Company may at its option, at any time no more than sixteen months and no less than 45 days prior to the date on which such sinking fund payment is due, deliver to the Trustee Debt Securities of such series (together with the unmatured Coupons, if any, appertaining thereto) theretofore purchased or otherwise acquired by the Company, except Debt Securities of such series which have been redeemed through the application of mandatory sinking fund payments pursuant to the terms of the Debt Securities of such series, accompanied by a Company Order instructing the Trustee to credit such obligations and stating that the Debt Securities of such series were originally issued by the Company by way of bona fide sale or other negotiation for value, provided that such Debt Securities shall not have been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the Redemption Price specified in such Debt Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.

Appears in 7 contracts

Samples: Subordinated Indenture (Rga Capital Trust Ii), Indenture (Prison Realty Trust Inc), Subordinated Indenture (Talx Corp)

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Satisfaction of Mandatory Sinking Fund Payments with Debt Securities. In lieu of making all or any part of a mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Company may at its option, at any time no more than sixteen months and no less than 45 days prior to the date on which such sinking fund payment is due, deliver to the Trustee Debt Securities of such series (together with the unmatured Coupons, if any, appertaining thereto) theretofore purchased or otherwise acquired by the Company, except Debt Securities of such series which have been redeemed through the application of mandatory sinking fund payments pursuant to the terms of the Debt Securities of such series, accompanied by a Company Order instructing the Trustee to credit such obligations and stating that the Debt Securities of such series were originally issued by the Company by way of bona fide sale or other negotiation for value, provided PROVIDED that such Debt Securities shall not have been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the Redemption Price specified in such Debt Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.

Appears in 5 contracts

Samples: Indenture (Harrahs Entertainment Inc), Indenture (Hilton Hotels Corp), Indenture (Hilton Hotels Corp)

Satisfaction of Mandatory Sinking Fund Payments with Debt Securities. In lieu of making all or any part of a mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Company may at its option, at any time no more than sixteen months and no less than 45 days prior to the date on which such sinking fund payment is due, deliver to the Trustee Debt Securities of such series (together with the unmatured Coupons, if any, appertaining thereto) theretofore purchased or otherwise acquired by the Company, except Debt Securities of such series which have been redeemed through the application of mandatory sinking fund payments pursuant to the terms of the Debt Securities of such series, accompanied by a Company Order instructing the Trustee to credit such obligations sinking fund payment and stating that the Debt Securities of such series were originally issued by the Company by way of bona fide sale or other negotiation for value, provided that such Debt Securities shall not have been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the Redemption Price specified in such Debt Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.

Appears in 2 contracts

Samples: Indenture (Money Store Inc /Nj), Indenture (United Companies Financial Corp)

Satisfaction of Mandatory Sinking Fund Payments with Debt Securities. In Subject to Section 14.03, in lieu of making all or any part of a mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Company may at its option, at any time no more than sixteen months and no less than 45 days prior to the date on which such sinking fund payment is due, option (1) deliver to the Trustee Outstanding Debt Securities of such series (together with other than any previously called for redemption or presented for repayment at the unmatured Coupons, if any, appertaining theretooption of the Holder) theretofore purchased or otherwise acquired by the Company, except together in the case of any Bearer Securities of such series with all unmatured Coupons, if any, appertaining thereto, and (2) receive credit for the principal amount of previously Outstanding Debt Securities of such series which have been previously purchased or otherwise acquired by the Company and delivered to the Trustee by the Company or the Outstanding Debt Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of the Debt Securities of such series or through the application of mandatory permitted optional sinking fund payments pursuant to the terms of the Debt Securities of such series, accompanied together in the case of any Bearer Securities of such series with all unmatured Coupons, if any, appertaining thereto, in each case in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Debt Securities of such series required to be made pursuant to the terms of the Debt Securities of such series as provided for by a Company Order instructing the terms of such series; provided that the Trustee shall have received evidence reasonably satisfactory to credit such obligations and stating the Trustee, from the Security Registrar or the Company, that the Debt Securities of such series were originally issued by the Company by way of bona fide sale or other negotiation for value, provided that such Debt Securities shall not have been previously so credited. Such The Debt Securities of such series shall be received and credited for such purpose by the Trustee at the Redemption Price specified in such the Debt Securities of such series for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.

Appears in 1 contract

Samples: Indenture (Hubbell Inc)

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Satisfaction of Mandatory Sinking Fund Payments with Debt Securities. In lieu of making all or any part of a mandatory sinking fund payment with respect to any Debt Securities of a series in cash, the Company may at its option, at any time no more than sixteen months and no less than 45 days prior to the date on which such sinking fund payment is due, deliver to the Trustee Debt Securities of such series (together with the unmatured Coupons, if any, appertaining thereto) theretofore purchased or otherwise acquired by the Company, except Debt Securities of such series which have been redeemed through the application of mandatory sinking fund payments pursuant to the terms of the Debt Securities of such series, accompanied by a Company Order instructing the Trustee to credit such obligations and stating that the Debt Securities of such series were originally issued by the Company by way of bona fide sale or other negotiation for value, provided PROVIDED that such Debt Securities shall not have been previously so credited. Such Debt Securities shall be received and credited for such purpose by the Trustee at the Redemption Price specified in such Debt Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.

Appears in 1 contract

Samples: Subordinated Debt Indenture (Scotts Company)

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