Supplement to Article Ten of the Original Indenture Sample Clauses

Supplement to Article Ten of the Original Indenture. (a) The first sentence of Section 1002 of the Original Indenture is superseded with respect to the Debentures by the following sentence: The Company will maintain in the Borough of Manhattan, The City of New York, an office or agency of the Trustee, Security Registrar, Paying Agent and Conversion Agent where Debentures may be presented or surrendered for payment, where Debentures may be surrendered for registration of transfer, exchange, purchase, redemption or conversion and where notices and demands to or upon the Company in respect of the Debentures and this Indenture may be served. (b) Article 10 of the Original Indenture is supplemented with respect to the Debentures by inserting the following Sections at the end thereof:
Sample 1Sample 2
AutoNDA by SimpleDocs
Supplement to Article Ten of the Original Indenture. Article 10 of the Original Indenture is supplemented with respect to the Notes by inserting the following sections at the end thereof:
Sample 1Sample 2
Supplement to Article Ten of the Original Indenture. Article Ten of the Original Indenture is modified (i) by changing the title of Section 1007 of the Original Indenture to "Restrictions on Liens; Mortgage Bonds," (ii) by inserting "Part A" before the first paragraph of such Section 1007, and (iii) by adding a new and additional paragraph to Section 1007 of the Original Indenture to the end of such Section 1007, which additional paragraph shall read in its entirety as follows:
Sample 1
Supplement to Article Ten of the Original Indenture. (a) Article 10 of the Original Indenture is supplemented with respect to the Notes by adding "(a)" before the first paragraph of Section 1007 and adding the following section at the end of Section 1007: (b) Additional Amounts will be payable in the event the Company becomes, or a successor to the Company is, a corporation organized or existing under the laws of any of the Countries in which the Company may become or a successor to the Company may be organized which are listed in clause (i) of Section 801 hereof (each, a "Permitted Country") and in the event the Company elects to redeem the Notes pursuant to clause (d) of Section 1109. In such circumstances, all payments made by the Company on the Notes will be made without deduction or withholding, for or on account of, any and all present or future taxes, duties, assessments, or governmental charges of whatever nature imposed, levied, collected or assessed by or on behalf of any taxing authority in such Permitted Country, unless the deduction or withholding of such taxes, duties, assessments or governmental charges is then required by law. If any deduction or withholding for or on account of any present or future taxes, assessments or other governmental charges of such Permitted Country, or any political subdivision or taxing authority thereof or therein, shall at any time be required in respect of any amounts to be paid by the Company under the Notes, the Company will pay or cause to be paid such Additional Amounts as may be necessary in order that every new payment of the principal of and interest on the Notes, after deduction for withholding for or on account of any future tax, assessment or other governmental charge will not be less than the amount provided for in the Notes to be then due and payable; PROVIDED, HOWEVER, that the foregoing obligation to pay Additional Amounts shall not apply in respect of: (i) any tax, withholding, assessment or other governmental charge which would not have been imposed but for (A) the existence of any present or former connection between such Holder (or between a fiduciary, settlor, beneficiary, member or shareholder of, or possessor of a power over, such Holder, if such Holder is an estate, trust, partnership or corporation) and a Permitted Country, or any political subdivision or taxing authority thereof including, without limitation, such Holder (or such fiduciary, settlor, beneficiary, member, shareholder or possessor) being or having been a citizen or resident t...
Sample 1
Supplement to Article Ten of the Original Indenture. (a) Section 1001 of the Original Indenture is supplemented with respect to the Notes by inserting the following three paragraphs at the end thereof: The Company will pay contingent interest in respect of any six-month interest period from May 1 to October 31 or November 1 to April 30 commencing on or after May 1, 2008 for which the Trading Price for each of the five Trading Days immediately preceding the first day of such six-month interest period equals 120% or more of $1,000 per $1,000 Principal Amount of Notes. For any six-month interest period in respect of which contingent interest is payable, the contingent interest payable on each $1,000 Principal Amount of Notes shall equal 0.25% of the average Trading Price per $1,000 Principal Amount of Notes during the five Trading Day measuring period immediately preceding the first day of such six-month interest period. Contingent interest due under this Article Ten shall be treated for all purposes of this Indenture like any other interest accruing on the Notes. By the first Business Day of a six-month interest period in respect of which contingent interest will be paid, the Company shall disseminate a press release through Dow Xxxxx & Company, Inc. or Bloomberg Business News stating that contingent interest will be paid on the Notes and identifying the six-month interest period. (b) The first sentence of Section 1002 of the Original Indenture is superseded with respect to the Notes by the following sentence: The Company will maintain in the Borough of Manhattan, The City of New York, an office or agency of the Trustee, Security Registrar, Paying Agent and Conversion Agent where Notes may be presented or surrendered for payment, where Notes may be surrendered for registration of transfer, exchange, purchase, redemption or conversion and where notices and demands to or upon the Company in respect of the Notes and this Indenture may be served. (c) Article Ten of the Original Indenture is supplemented with respect to the Notes by inserting the following Sections at the end thereof:
Sample 1

Related to Supplement to Article Ten of the Original Indenture

  • of the Original Indenture Section 4.12 of the Original Indenture is hereby amended to read in its entirety as follows:

  • Amendments to Article I Article I of the Existing Credit Agreement is hereby amended in accordance with Subparts 2.1.1 through 2.1. Section 1.1 of the Existing Credit Agreement is hereby amended by inserting the following definitions in such Section in the appropriate alphabetical sequence:

  • Amendment to Article I Article I of the Existing Credit Agreement is hereby amended as follows: SECTION 2.1.1. Section 1.1 of the Existing Credit Agreement is hereby amended by inserting the following definitions in the appropriate alphabetical order:

  • Ratification of Original Indenture The Original Indenture, as supplemented by this Supplemental Indenture, is in all respects ratified and confirmed, and this Supplemental Indenture shall be deemed part of the Original Indenture in the manner and to the extent herein and therein provided. For the avoidance of doubt, each of the Company and each Holder of the Notes, by its acceptance of such Notes, acknowledges and agrees that all of the rights, privileges, protections, immunities and benefits afforded to the Trustee and the Paying Agent under the Original Indenture are deemed to be incorporated herein, and shall be enforceable by the Trustee and the Paying Agent hereunder, as if set forth herein in full. U.S. Bank National Association hereby accepts the trusts in this Supplemental Indenture declared and provided, upon the terms and conditions herein above set forth.

  • Modification to Article IV, Section 7 of the DPA Article IV, Section 7 of the DPA (Advertising Limitations) is amended by deleting the stricken text as follows: Provider is prohibited from using, disclosing, or selling Student Data to (a) inform, influence, or enable Targeted Advertising; or (b) develop a profile of a student, family member/guardian or group, for any purpose other than providing the Service to LEA. This section does not prohibit Provider from using Student Data (i) for adaptive learning or customized student learning (including generating personalized learning recommendations); or (ii) to make product recommendations to teachers or LEA employees; or (iii) to notify account holders about new education product updates, features, or services or from otherwise using Student Data as permitted in this DPA and its accompanying exhibits.

  • Modification to Article V, Section 4 of the DPA Article V, Section 4 of the DPA (Data Breach.) is amended with the following additions: (6) For purposes of defining an unauthorized disclosure or security breach, this definition specifically includes meanings assigned by Texas law, including applicable provisions in the Texas Education Code and Texas Business and Commerce Code.

  • Ratification and Incorporation of Original Indenture As supplemented hereby, the Original Indenture is in all respects ratified and confirmed, and the Original Indenture and this Supplemental Indenture shall be read, taken and construed as one and the same instrument.

  • Modification to Article III, Section 2 of the DPA Article III, Section 2 of the DPA (Annual Notification of Rights.) is amended as follows:

  • Modification to Article VII, Section 4 of the DPA Article VI, Section 4 of the DPA (Annual Notification of Rights.) is amended as follows:

  • of the Base Indenture The Issuers shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment. The Issuers shall fix or cause to be fixed each such special record date and payment date; provided that no such special record date shall be less than 10 days prior to the related payment date for such defaulted interest. At least 15 days before the special record date, the Issuers (or, upon the written request of the Issuers, the Trustee in the name and at the expense of the Issuers) shall mail or cause to be mailed to Holders a notice that states the special record date, the related payment date and the amount of such interest to be paid.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!