Payments of Notes on Default. Suit Therefor 33 Section 6.05. Application of Monies Collected by Trustee 35 Section 6.06. Proceedings by Holders 36 Section 6.07. Proceedings by Trustee 37 Section 6.08. Remedies Cumulative and Continuing 37 Section 6.09. Direction of Proceedings and Waiver of Defaults by Majority of Holders 37 Section 6.10. Notice of Defaults 38 Section 6.11. Undertaking to Pay Costs 38
Payments of Notes on Default. Suit Therefor 30 Section 6.03. Application of Monies Collected by Trustee 31 Section 6.04. Proceedings by Noteholders 32 Section 6.05. Proceedings by Trustee 33 Section 6.06. Remedies Cumulative and Continuing 33 Section 6.07. Direction of Proceedings and Waiver of Defaults by Majority of Noteholders 33 Section 6.08. Notice of Defaults 34 Section 6.09. Undertaking to Pay Costs 34 Section 7.01. Duties and Responsibilities of Trustee 35 Section 7.02. Reliance on Documents, Opinions, etc. 36 Section 7.03. No Responsibility for Recitals, etc. 38 Section 7.04. Trustee, Paying Agents or Registrar May Own Notes 38 Section 7.05. Monies to Be Held in Trust 38 Section 7.06. Compensation and Expenses of Trustee 38 Section 7.07. Officers’ Certificate as Evidence 39 Section 7.08. Conflicting Interests of Trustee 39 Section 7.09. Eligibility of Trustee 39 Section 7.10. Resignation or Removal of Trustee 39 Section 7.11. Acceptance by Successor Trustee 40 Section 7.12. Succession by Merger 41 Section 7.13. Preferential Collection of Claims 41 Section 8.01. Action by Noteholders 42 Section 8.02. Proof of Execution by Noteholders 42 Section 8.03. Absolute Owners 42 Section 8.04. Issuer-owned Notes Disregarded 42 Section 8.05. Revocation of Consents; Future Holders Bound 43
Payments of Notes on Default. Suit Therefor 36 Section 6.05. Application of Monies Collected by Trustee 38 Section 6.06. Proceedings by Holders 38 Section 6.07. Proceedings by Trustee 39 Section 6.08. Remedies Cumulative and Continuing 40 Section 6.09. Direction of Proceedings and Xxxxxx of Defaults by Majority of Holders 40 Section 6.10. Notice of Defaults 41 Section 6.11. Undertaking to Pay Costs 41 CONCERNING THE TRUSTEE Section 7.01. Duties and Responsibilities of Trustee 41 Section 7.02. Reliance on Documents, Opinions, Etc. 43 Section 7.03. No Responsibility for Recitals, Etc. 44 Section 7.04. Trustee, Paying Agents, Conversion Agents, Bid Solicitation Agent or Note Registrar May Own Notes 44 Section 7.05. Monies and Shares of Common Stock to Be Held in Trust 44 Section 7.06. Compensation and Expenses of Trustee 45 Section 7.07. Officer’s Certificate as Evidence 46 Section 7.08. Eligibility of Trustee 46 Section 7.09. Resignation or Removal of Trustee 46 Section 7.10. Acceptance by Successor Trustee 47 Section 7.11. Succession by Merger, Etc. 48 Section 7.12. Trustee’s Application for Instructions from the Company 48 CONCERNING THE HOLDERS Section 8.01. Action by Holders 48 Section 8.02. Proof of Execution by Holders 49 Section 8.03. Who Are Deemed Absolute Owners 49 Section 8.04. Company-Owned Notes Disregarded 49 Section 8.05. Revocation of Consents; Future Holders Bound 50 HOLDERS’ MEETINGS Section 9.01. Purpose of Meetings 50 Section 9.02. Call of Meetings by Trustee 51 Section 9.03. Call of Meetings by Company or Holders 51 Section 9.04. Qualifications for Voting 51 Section 9.05. Regulations 51 Section 9.06. Voting 52 Section 9.07. No Delay of Rights by Meeting 52
Payments of Notes on Default. Suit Therefor 38 Section 6.05 . Application of Monies Collected by Trustee 40 Section 6.06 . Proceedings by Holders 40 Section 6.07 . Proceedings by Trustee 41 Section 6.08 . Remedies Cumulative and Continuing 41 Section 6.09 . Direction of Proceedings and Waiver of Defaults by Majority of Holders 41 Section 6.10 . Notice of Defaults 42 Section 6.11 . Undertaking to Pay Costs 42 Section 7.01 . Duties and Responsibilities of Trustee 43 Section 7.02 . Certain Rights of the Trustee 44
Payments of Notes on Default. Suit Therefor), shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount of principal and accrued and unpaid interest, if any, in respect of the Notes, and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents and to take such other actions as it may deem necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel) and of the Holders allowed in such judicial proceedings relative to the Company or any other obligor on the Notes, its or their creditors, or its or their property, and to collect and receive any monies or other property payable or deliverable on any such claims, and to distribute the same after the deduction of any amounts due to the Trustee under Section 7.06 (Compensation and Expenses of Trustee); and any receiver, assignee or trustee in bankruptcy or reorganization, liquidator, custodian or similar official is hereby authorized by each of the Holders to make such payments to the Trustee, as administrative expenses, and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for reasonable compensation, expenses, advances and disbursements, including agents and counsel fees, and including any other amounts due to the Trustee under Section 7.06 (Compensation and Expenses of Trustee), incurred by it up to the date of such distribution. To the extent that such payment of reasonable compensation, expenses, advances and disbursements out of the estate in any such proceedings shall be denied for any reason, payment of the same shall be secured by a lien on, and shall be paid out of, any and all distributions, dividends, monies, securities and other property that the Holders of the Notes may be entitled to receive in such proceedings, whether in liquidation or under any plan of reorganization or arrangement or otherwise. Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting such Holder or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding. All rights of action and of asse...
Payments of Notes on Default. Suit Therefor 37 Section 6.03. Application of Monies Collected by Trustee 38 Section 6.04. Proceedings by Noteholders 39 Section 6.05. Proceedings by Trustee 40 Section 6.06. Remedies Cumulative and Continuing 40 Section 6.07. Direction of Proceedings and Waiver of Defaults by Majority of Noteholders 40 Section 6.08. Undertaking to Pay Costs 41 THE TRUSTEE Section 7.01. Notice of Defaults 41 Section 7.02. Certain Rights of Trustee 41 Section 7.03. Not Responsible for Recitals or Issuance of Notes. 43 Section 7.04. May Hold Notes and Common Stock. 44 Section 7.05. Money Held in Trust. 44
Payments of Notes on Default. Suit Therefor 93 Section 6.05 Application of Monies Collected by Trustee 94 Section 6.06 Proceedings by Holders 95 Section 6.07 Proceedings by Trustee 96 Section 6.08 Remedies Cumulative and Continuing 96 Section 6.09 Direction of Proceedings and Xxxxxx of Defaults by Requisite Holders 96 Section 6.10 Notice of Defaults 97 Section 6.11 Undertaking to Pay Costs 97 ARTICLE 7 CONCERNING THE TRUSTEE 97 Section 7.01 Duties and Responsibilities of Trustee 97 Section 7.02 Certain Rights of Trustee 98 Section 7.03 No Responsibility for Recitals, Etc 101
Payments of Notes on Default. SUIT THEREFOR. The Company covenants that (a) in case default shall be made in the payment of any installment of interest upon any of the Notes as and when the same shall become due and payable, and such default shall have continued for a period of thirty (30) days, or (b) in case default shall be made in the payment of the principal of or premium, if any, on any of the Notes as and when the same shall have become due and payable, whether at maturity of the Notes or in connection with any redemption, by or under this Indenture declaration or otherwise -- then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Notes, the whole amount that then shall have become due and payable on all such Notes for principal and premium, if any, or interest, or both, as the case may be, with interest upon the overdue principal and premium, if any, and (to the extent that payment of such interest is enforceable under applicable law) upon the overdue installments of interest at the rate borne by the Notes; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including reasonable compensation to the Trustee, its agents, attorneys and counsel, and any expenses or liabilities incurred by the Trustee hereunder other than through its negligence or bad faith. Until such demand by the Trustee, the Company may pay the principal of and premium, if any, and interest on the Notes to the registered holders, whether or not the Notes are overdue. In case the Company shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any actions or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company or any other obligor on the Notes and collect in the manner provided by law out of the property of the Company or any other obligor on the Notes wherever situated the monies adjudged or decreed to be payable. In the case there shall be pending proceedings for the bankruptcy or for the reorganization of the Company or any other obligor on the Notes under Title 11 of the United States Code, or any other applicable law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, seque...
Payments of Notes on Default. Suit Therefor 39
Payments of Notes on Default. Suit Therefor), shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount of principal and accrued and unpaid interest, if any, in respect of the Notes, and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents and to take such other actions as it may deem necessary or advisable in order to have the claims of the Holders allowed in such judicial proceedings relative to the Company or any other obligor on the Notes, its or their creditors, or its or their property, and to collect and receive any monies or other property payable or deliverable on any such claims. To the extent that such payment of reasonable compensation, expenses, advances and disbursements out of the estate in any such proceedings shall be denied for any reason, payment of the same shall be secured by a lien on, and shall be paid out of, any and all distributions, dividends, monies, securities and other property that the Holders of the Notes may be entitled to receive in such proceedings, whether in liquidation or under any plan of reorganization or arrangement or otherwise.
