Trustee May Perform Covenants. If the Issuer shall fail to perform any of its covenants contained herein, the Trustee may in its discretion, but (subject to section 6.2) need not, notify the Holders of such failure or may itself perform any of such covenants capable of being performed by it and, if any such covenant requires the payment of money, it may make such payment with its own funds, or with money borrowed by it for such purpose, but shall be under no obligation to do so; and all sums so paid shall be payable by the Issuer in accordance with the provisions of section 5.4. No such performance by the Trustee of any covenant contained herein or payment by the Issuer of any sums advanced or borrowed by the Trustee pursuant to the foregoing provisions shall be deemed to relieve the Issuer from any default hereunder.
Trustee May Perform Covenants. If the Company fails to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 6.9) need not, notify the Holders of such failure or itself may perform any of said covenants capable of being performed by it and, if any such covenant requires the payment or expenditure of money, it may make such payment or expenditure with its own funds, or with money borrowed by or advanced to it for such purposes, but shall be under no obligation to do so and all sums so expended or advanced shall be repayable by the Company in the manner provided in Section 3.4, but no such performance or payment shall be deemed to relieve the Company from default hereunder.
Trustee May Perform Covenants. If the Company shall fail to perform any of its covenants contained in this Indenture, the Trustee shall notify the Holders of such failure on the part of the Company, upon receipt of written notice from the Company of such failure to perform, or may itself perform any of the covenants capable of being performed by it but, subject to Article 11, shall be under no obligation to perform said covenants or to notify the Holders that it is doing so. All sums expended or advanced by the Trustee in so doing shall be repayable as provided in section 6.5. No such performance, expenditure or advance by the Trustee shall relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Trustee May Perform Covenants. If the Corporation shall fail to perform any of its covenants contained herein, the Trustee may in its discretion, but (subject to section 5.2) need not, notify the Noteholders of such failure or may itself perform any of such covenants capable of being performed by it and, if any such covenant requires the payment of money, all sums so paid shall be payable by the Corporation. No such performance by the Trustee of any covenant contained herein or payment by the Corporation of any sums pursuant to the foregoing provisions shall be deemed to relieve the Corporation from any default hereunder.
Trustee May Perform Covenants. If the Company shall fail to perform any of the covenants or fulfil any of the conditions contained in this Indenture or in the Debentures, the Trustee may in its discretion perform, but shall be under no obligation to do so, any of the said covenants or fulfil any such condition capable of being performed or fulfilled by it and, if any such covenant or condition requires the payment or expenditure of money, it may make such payments or expenditures with its own funds, or with money borrowed by or advanced to it for such purpose; and all sums so expended or advanced shall be at once payable by the Company and shall bear interest at the then prevailing prime rate until paid and shall be payable out of any monies held by the Trustee under this Indenture in priority to the Debentures, but no such performance or payment shall be deemed to relieve the Company from any default hereunder.
Trustee May Perform Covenants. If the Corporation shall fail to perform any of its covenants contained herein, the Trustee may in its discretion, but (subject to section 7.2) need not, notify the Debentureholders of such failure or may itself perform any of such covenants capable of being performed by it and, if any such covenant requires the payment of money, it may make such payment with its own funds, or with money borrowed by it for such purpose, but shall be under no obligation to do so; and all sums so paid shall be payable by the Corporation in accordance with the provisions of section 6.
Trustee May Perform Covenants. If the Company shall fail to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 8.2) need not, notify the Debenture holders of such of such failure and/or itself may perform any of said covenants capable of being performed by it and, if any such covenant requires the payment or expenditure of money, it may make such payment or expenditure with it own funds, or with money borrowed by or advanced to it for such purpose, but shall be under no obligation so to do. CERTIFICATES OF COMPLIANCE
Trustee May Perform Covenants. If the Issuer shall fail to perform any of its covenants in this Indenture relative to a Series, the Trustee may in its discretion, but unless provided to the contrary in this Indenture need not, notify the Holders of such Series of such failure, and itself may perform any such covenant that is capable of being performed by it, and if any such performance requires the payment of money, it may make such payment with its own funds or with money borrowed by to it for such purpose, but shall be under no obligation to do so; provided however that no such performance or payment by the Trustee shall be deemed to release the Issuer from or be a waiver of any Default resulting from, the Issuer's failure to perform its applicable covenant, and any amounts so paid or expended by the Trustee shall be immediately repaid to the Trustee by the Issuer and shall bear interest until so repaid at a rate of interest that is 5% per annum above the interest payable on such Series (or if such Series does not bear interest, at the highest rate of interest chargeable from time to time by the Trustee to its corporate trust customers), and shall be secured by the Series Specific Lien, if any, for such Series.
Trustee May Perform Covenants. 34 7.05 No Other Convertible Obligation to Rank Ahead of Debentures.........34 7.06 Company Not to Extend Time for Payment of Interest..................34 7.07
Trustee May Perform Covenants. If the Corporation fails to perform any covenant on its part herein contained, the Trustee may perform any such covenant capable of being performed by it and, if any such covenant requires the payment or expenditure of money, the Trustee may make such payment or expenditure with its own funds or with money borrowed by or advanced to it for such purpose, but shall be under no obligation to do so. All sums so expended or advanced shall be repayable by the Corporation in the manner provided in Section 8.5, but no such performance or payment shall be deemed to relieve the Corporation from any default or continuing obligation hereunder. Trustee may execute and deliver any Senior Creditor Subordination Agreement in connection with any Senior Creditor Obligation to subordinate the Subordinate Secured Note Indebtedness to Senior Creditor Debt upon written demand of the Corporation, with an officer’s certificate confirming that debt is Senior Creditor Debt.
