Common use of Suspension of Payment When Senior Indebtedness in Default Clause in Contracts

Suspension of Payment When Senior Indebtedness in Default. (a) Unless Section 10.02 shall be applicable, upon the occurrence of a Payment Default, no payment or distribution of any assets of the Company of any kind or character (excluding Permitted Junior Notes) shall be made by or on behalf of the Company on account of principal of, premium, if any, or interest on or other obligations to the holders of the Notes in respect of the Notes or on account of the purchase, redemption or other acquisition of any Notes (other than payments previously made pursuant to Article 8) unless and until such Payment Default shall have been cured or waived or shall have ceased to exist or such Senior Indebtedness as to which such Payment Default relates shall have been discharged or paid in full in cash or Cash Equivalents, after which, subject to Section 10.02 (if applicable), the Company shall resume making any and all required payments in respect of the Notes, including any missed payments.

Appears in 2 contracts

Samples: Indenture (Prime Succession Inc), Rose Hills Co

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Suspension of Payment When Senior Indebtedness in Default. (a) Unless Section 10.02 11.02 shall be applicable, upon the occurrence of a Payment Default, then no payment or distribution of any assets of the Company Issuer or any Subsidiary of the Issuer of any kind or character (excluding Permitted Junior Notes) shall be made by the Issuer or any Subsidiary of the Issuer or on behalf of or out of the Company property of the Issuer, or received by the Trustee or any Noteholder on account of principal of, premium, if any, or interest on or other obligations to the holders of the Notes in respect of on, the Notes or on account of the purchase, redemption redemption, defeasance (whether under Section 8.02 or 8.03) or other acquisition of any or in respect of the Notes (other than payments previously made pursuant to Article 8) unless and until such Payment Default shall have been cured or waived in writing by the holders of the Designated Senior Indebtedness or shall have ceased to exist or such the Designated Senior Indebtedness as to which such Payment Default relates shall have been discharged or paid in full in cash cash, Cash Equivalents or Cash Equivalentsin any other manner as acceptable to each holder of such Designated Senior Indebtedness, after which, subject to Section 10.02 (if applicable), which the Company Issuer shall resume making any and all required payments in respect of the Notes, including any missed payments.

Appears in 2 contracts

Samples: Indenture (Multicare Companies Inc), Genesis Eldercare Acquisition Corp

Suspension of Payment When Senior Indebtedness in Default. (a) Unless Section 10.02 shall be applicable, upon the occurrence of a Payment Default, and after receipt by the Trustee and the Issuer from a Senior Representative of written notice of such default no payment or distribution of any assets of the Company Issuer of any kind or character (excluding Permitted Junior NotesSecurities) shall be made by or on behalf of the Company Issuer on account of principal of, premium, if any, or interest on or other obligations to the holders of the Notes in respect of the Notes Bonds or on account of the purchase, redemption or other acquisition of any Notes Bonds (other than payments previously made pursuant to Article 8) Eight) unless and until such Payment Default shall have been cured or waived or shall have ceased to exist or such Designated Senior Indebtedness as to which such Payment Default relates shall have been discharged or paid in full in cash or Cash Equivalents, after which, subject to Section 10.02 (if applicable), the Company Issuer shall resume making any and all required payments in respect of the NotesBonds, including any missed payments.

Appears in 1 contract

Samples: Registration Rights Agreement (Global Telesystems Group Inc)

Suspension of Payment When Senior Indebtedness in Default. (a) Unless Section 10.02 shall be applicable, upon the occurrence and during the continuance of any default in the payment of principal, premium, if any, or interest on any Senior Indebtedness, when the same becomes due (whether due to lapse of time or at maturity, whether by acceleration or otherwise) (a "Payment Default"), and after receipt by the Trustee and the Company from representatives of holders of such Senior Indebtedness of written notice of such default, no direct or indirect payment (other than payments previously made pursuant to Article Eight) by or distribution of any assets on behalf of the Company of any kind or character (excluding Permitted Junior NotesSecurities) shall may be made by or on behalf of the Company on account of the principal of, premium, if any, or interest on on, or other obligations to the holders of the Notes in respect of the Notes or on account of the purchase, redemption redemption, defeasance or other acquisition of any Notes (other than payments previously made pursuant to Article 8) of, the Securities unless and until such Payment Default shall have has been cured or waived or shall have has ceased to exist or such Senior Indebtedness as to which such Payment Default relates shall have been discharged or paid in full in cash or Cash Equivalents, after which, subject to Section 10.02 (if applicable), the Company shall resume making any and all required payments in respect of the Notes, including any missed payments.

Appears in 1 contract

Samples: Interface Inc

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Suspension of Payment When Senior Indebtedness in Default. (a) Unless Section 10.02 12.02 shall be applicable, upon (1) the occurrence of a Payment DefaultDefault and (2) receipt by the Trustee and the Company from the Senior Representatives of written notice of such occurrence, then no payment or distribution of any assets of the Company of any kind or character (excluding Permitted Junior NotesSecurities) shall be made by or on behalf of the Company on account of principal of, premium, if any, the Indenture Obligations or interest on or other obligations to for the holders of the Notes in respect of the Notes or on account of the purchaseacquisition, redemption or other acquisition purchase of any Notes (other than payments previously made pursuant to Article 8) Indenture Obligations for cash, property or otherwise, unless and until such Payment Default shall have been cured or waived or shall have ceased to exist or such Senior Indebtedness as to which such Payment Default relates shall have been discharged or paid in full in cash or Cash Equivalentsfull, after which, subject to Section 10.02 (if applicable), which the Company shall resume making any and all required payments in respect of the NotesSecurities, including any missed payments.. 124

Appears in 1 contract

Samples: Indenture (Golden Sky Systems Inc)

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