Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10.
Appears in 56 contracts
Sources: Indenture (Fat Brands, Inc), Indenture (Fat Brands, Inc), Indenture (Fat Brands, Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date interest payment date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium Principal of or interest on the Securities of that series if there has been any a change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish to the Trustee and the Company’s principal Paying Agent or Paying Agentspaying agent, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents paying agent whether such payment of principal Principal of and any premium or interest on the Securities of that series shall be made to Holders of the Securities of that series who are United States Aliens without withholding or deduction for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding or deduction shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld or deducted on such payments to such Holders of Securities and shall certify the fact that additional amounts will be payable and the amounts so payable to each Holder, and the Company will shall pay to the Trustee or such Paying Agent paying agent the Additional Amounts additional amounts required to be paid by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent paying agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10Section. Whenever in this Indenture there is mentioned, in any context, the payment of the Principal of or interest or any other amounts on, or in respect of, any Security of any series, such mention shall be deemed to include mention of the payment of additional amounts provided by the terms of such series established hereby or pursuant hereto to the extent that, in such context, additional amounts are, were or would be payable in respect thereof pursuant to such terms, and express mention of the payment of additional amounts (if applicable) in any provision hereof shall not be construed as excluding the payment of additional amounts in those provisions hereof where such express mention is not made.
Appears in 39 contracts
Sources: Subordinated Indenture (Tenon Medical, Inc.), Senior Indenture (Privia Health Group, Inc.), Subordinated Indenture (Privia Health Group, Inc.)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such that series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such that mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 4.07 to the extent that, in such that context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 4.07, and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such that express mention is not made. If Unless otherwise provided pursuant to Section 2.01 with respect to Securities of any series, if the Securities of a series provide for the payment of Additional Amounts, at least 10 ten days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 ten days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such that payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such that Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such those payments to such those Holders of Securities Securities, and the Company will pay to such that Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, for and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.104.07.
Appears in 15 contracts
Sources: Indenture (Egl Inc), Subordinated Indenture (Encore Operating Louisiana, LLC), Indenture (Nuveen Investments Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date interest payment date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium Principal of, premium, if any, or interest on the Securities of that series if there has been any a change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish to the Trustee and the Company’s principal Paying Agent or Paying Agentspaying agent, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents paying agent whether such payment of principal of and any premium Principal of, premium, if any, or interest on the Securities of that series shall be made to Holders of the Securities of that series who are United States Aliens without withholding or deduction for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding or deduction shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld or deducted on such payments to such Holders of Securities and shall certify the fact that additional amounts will be payable and the amounts so payable to each Holder, and the Company will shall pay to the Trustee or such Paying Agent paying agent the Additional Amounts additional amounts required to be paid by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent paying agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10Section. Whenever in this Indenture there is mentioned, in any context, the payment of the Principal of, premium, if any, or interest or any other amounts on, or in respect of, any Security of any series, such mention shall be deemed to include mention of the payment of additional amounts provided by the terms of such series established hereby or pursuant hereto to the extent that, in such context, additional amounts are, were or would be payable in respect thereof pursuant to such terms, and express mention of the payment of additional amounts (if applicable) in any provision hereof shall not be construed as excluding the payment of additional amounts in those provisions hereof where such express mention is not made.
Appears in 14 contracts
Sources: Senior Indenture (MULTI COLOR Corp), Subordinated Indenture (MULTI COLOR Corp), Senior Indenture (Meridian Bioscience Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such series Additional Amounts or any coupon appertaining thereto additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or payment of any related coupon or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall will furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series or any related coupons who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities or coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10Section.
Appears in 14 contracts
Sources: Subordinated Indenture (Dynegy Capital Trust Ii), Subordinated Indenture (Newfield Exploration Co /De/), Subordinated Indenture (Dynegy Capital Trust Iii)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 1007 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 1007 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.101007. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10.1007. ARTICLE ELEVEN
Appears in 13 contracts
Sources: Indenture (Noble Corp), Indenture (Pennzoil Products Co), Indenture (Pennzoil Quaker State Co)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series such Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 3.01. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof (or premium, or premium (if any) or interest interest, if any, on any Security of any series or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 3.01 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 3.01, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any principal, premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall will furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any principal, premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are not United States Aliens persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series and the Company will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled (i) to assume that no such withholding or deduction is required with respect to any payment of principal or interest with respect to any Securities of a series until it shall have received a certificate advising otherwise and (ii) to make all payments of principal and interest with respect to the Securities of a series without withholding or deductions until otherwise advised. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, gross negligence or willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.1010.04 or in reliance on the Company’s not furnishing such an Officers’ Certificate.
Appears in 12 contracts
Sources: Indenture (Mount Logan Capital Inc.), Indenture (Mount Logan Capital Inc.), Indenture (North Haven Private Income Fund LLC)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such that series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such that mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 3.7 to the extent that, in such that context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 3.7, and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such that express mention is not made. If Unless otherwise provided pursuant to Section 2.1 with respect to Securities of any series, if the Securities of a series provide for the payment of Additional Amounts, at least 10 ten days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 ten days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such that payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such that Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such those payments to such those Holders of Securities Securities, and the Company will pay to such that Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, for and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.103.7.
Appears in 12 contracts
Sources: Indenture (Ross Stores Inc), Indenture (Ross Stores Inc), Indenture (Cowen Group, Inc.)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date interest payment date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium Principal of or interest on the Securities of that series if there has been any a change with respect to the matters set forth in the below-mentioned Officers’ Officer’s Certificate, the Company shall furnish to the Trustee and the Company’s principal Paying Agent or Paying Agentspaying agent, if other than the Trustee, with an Officers’ Officer’s Certificate instructing the Trustee and such Paying Agent or Paying Agents paying agent whether such payment of principal Principal of and any premium or interest on the Securities of that series shall be made to Holders of the Securities of that series who are United States Aliens without withholding or deduction for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding or deduction shall be required, then such Officers’ Officer’s Certificate shall specify by country the amount, if any, required to be withheld or deducted on such payments to such Holders of Securities and shall certify the fact that additional amounts will be payable and the amounts so payable to each Holder, and the Company will shall pay to the Trustee or such Paying Agent paying agent the Additional Amounts additional amounts required to be paid by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent paying agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Officer’s Certificate furnished pursuant to this Section 10.10Section. Whenever in this Indenture there is mentioned, in any context, the payment of the Principal of or interest or any other amounts on, or in respect of, any Security of any series, such mention shall be deemed to include mention of the payment of additional amounts provided by the terms of such series established hereby or pursuant hereto to the extent that, in such context, additional amounts are, were or would be payable in respect thereof pursuant to such terms, and express mention of the payment of additional amounts (if applicable) in any provision hereof shall not be construed as excluding the payment of additional amounts in those provisions hereof where such express mention is not made.
Appears in 10 contracts
Sources: Subordinated Indenture (Strive, Inc.), Senior Indenture (MSCI Inc.), Senior Indenture (Roivant Sciences Ltd.)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Officer’s Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Officer’s Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Officer’s Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Officer’s Certificate furnished pursuant to this Section 10.10.
Appears in 10 contracts
Sources: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Indenture (Umb Financial Corp)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 4.07 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 4.07 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. Unless otherwise provided pursuant to Section 2.01 with respect to Securities of any series: If the Securities of a series provide for the payment of Additional Amounts, at least 10 ten days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 ten days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, for and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.104.07.
Appears in 9 contracts
Sources: Indenture (Pioneer Companies Inc), Subordinated Debt Indenture (Lyondell Trust Iii), Subordinated Indenture (Pioneer Companies Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company Corporation will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company Corporation shall furnish the Trustee and the CompanyCorporation’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company Corporation will pay to such Paying Agent the Additional Amounts required by this Section 10.10. The Company Corporation covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10.
Appears in 9 contracts
Sources: Indenture (FNB Corp/Pa/), Indenture (FNB Corp/Fl/), Indenture (FNB Corp/Fl/)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date interest payment date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium Principal of or interest on the Securities of that series if there has been any a change with respect to the matters set forth in the below-below- mentioned Officers’ Certificate, the Company shall furnish to the Trustee and the Company’s principal Paying Agent or Paying Agentspaying agent, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents paying agent whether such payment of principal Principal of and any premium or interest on the Securities of that series shall be made to Holders of the Securities of that series who are United States Aliens without withholding or deduction for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding or deduction shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld or deducted on such payments to such Holders of Securities and shall certify the fact that additional amounts will be payable and the amounts so payable to each Holder, and the Company will shall pay to the Trustee or such Paying Agent paying agent the Additional Amounts additional amounts required to be paid by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent paying agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10Section. Whenever in this Indenture there is mentioned, in any context, the payment of the Principal of or interest or any other amounts on, or in respect of, any Security of any series, such mention shall be deemed to include mention of the payment of additional amounts provided by the terms of such series established hereby or pursuant hereto to the extent that, in such context, additional amounts are, were or would be payable in respect thereof pursuant to such terms, and express mention of the payment of additional amounts (if applicable) in any provision hereof shall not be construed as excluding the payment of additional amounts in those provisions hereof where such express mention is not made.
Appears in 9 contracts
Sources: Senior Indenture (Synovus Financial Corp), Junior Subordinated Indenture (Synovus Financial Corp), Junior Subordinated Indenture (Synovus Financial Corp)
Additional Amounts. If specified as contemplated by Section 2.3(a), the Securities of a series expressly may provide for the payment of Additional Amountsadditional amounts, and in such case, the Company will pay to the Holder of any Security of such series Additional Amounts or any coupon appertaining thereto additional amounts as expressly provided therein. Whenever Wherever in this Indenture there is mentioned, in any context, the payment of the principal Principal of or any interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange payment of any Security of any seriesrelated coupon, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium Principal is made), and at least 10 days prior to each date of payment of principal Principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall will furnish the Trustee and the Company’s principal 's Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal Principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series or any related coupons who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities or coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by the Securities of such series and this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10Section.
Appears in 8 contracts
Sources: Indenture (Dc Holdco Inc), Indenture (Dc Holdco Inc), Indenture (Tricon Global Restaurants Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such any series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof (or premium, or premium (if any) or interest on on, or in respect of, any Security of any series or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in the terms of such Security and this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal (and any premium premium, if any) is made), and at least 10 days prior to each date of payment of principal (and any premium premium, if any) or interest interest, if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate), the Company shall will furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of (and any premium premium, if any) or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to the Trustee or such Paying Agent the Additional Amounts required by the terms of such Security and the first paragraph of this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, negligence or willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10Section.
Appears in 8 contracts
Sources: Indenture (Ambac Financial Group Inc), Indenture (Ambac Financial Group Inc), Indenture (UAG Chantilly AU, LLC)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such any series Additional Amounts or any coupon appertaining thereto additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof (or premium, or premium (if any) or interest on on, or in respect of, any Security of any series or any related coupon or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal (and any premium premium, if any) is made), and at least 10 days prior to each date of payment of principal (and any premium premium, if any) or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall will furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of (and any premium premium, if any) or interest on the Securities of that series shall be made to Holders of Securities of that series or the related coupons who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities or coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10Section.
Appears in 7 contracts
Sources: Indenture (New Nisource Inc), Indenture (New Nisource Inc), Indenture (Nipsco Industries Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 1007 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 1007 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10.1007. ARTICLE ELEVEN
Appears in 7 contracts
Sources: Indenture (Transocean Offshore Inc), Indenture (Ensco International Inc), Indenture (Transocean Offshore Inc)
Additional Amounts. If the any Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 301. Whenever in this Indenture there is mentioned, in any contextcontext except in the case of Section 502(1), the payment of the principal or of any premium, Make-Whole Amount or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 301 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 301, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or Make-Whole Amount or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall will furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are not United States Aliens persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that or within the series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series and the Company will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled (i) to assume that no such withholding or deduction is required with respect to any payment of principal or interest with respect to any Securities of a series until it shall have received a certificate advising otherwise and (ii) to make all payments of principal and interest with respect to the Securities of a series without withholding or deductions until otherwise advised. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them the harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part (as determined by a final, non-appealable order of a court of competent jurisdiction) arising out of or in connection with actions taken or omitted by any of them or in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10or in reliance on the Company’s not furnishing such an Officers’ Certificate.
Appears in 7 contracts
Sources: Indenture (Prologis Yen Finance LLC), Indenture (Prologis, L.P.), Indenture (Prologis Yen Finance LLC)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts to the Holders of such Securities, then the Issuer shall pay to each Holder of such Securities or any Coupon appertaining thereto the Additional Amounts as provided therein. If the Securities of a series provide for the payment of Additional Amounts, the Company will pay at least 10 days prior to the Holder first interest payment date with respect to such series of any Security Securities (or if the Securities of such series shall not bear interest, the first day on which a payment of principal is made) and at least 10 days prior to each date of payment of principal or interest if there has been a change with respect to the matters set forth in the below-mentioned Officers' Certificate, the Issuer will furnish the Trustee and the principal paying agent for such Securities, if other than the Trustee, with an Officers' Certificate instructing the Trustee and such paying agent whether such payment of principal or interest shall be made to Holders of Securities of such series or related Coupons who are United States Aliens (as such term is defined with respect to such Securities) without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of such series. If any such withholding shall be required, then such Officers' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities or Coupons and the Issuer will pay or cause to be paid to the Trustee or such paying agent the Additional Amounts as expressly provided thereinrequired by the terms of such Securities. The Issuer covenants to indemnify the Trustee and any paying agent for, and to hold them harmless against, any loss, liability or expense reasonably incurred without negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers' Certificate furnished pursuant to this Section. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any seriesSecurity, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 the terms of such Security to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such Securities and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10.
Appears in 7 contracts
Sources: Subordinated Indenture (Source One Mortgage Services Corp), Subordinated Indenture (Source One Mortgage Services Corp), Subordinated Indenture (Source One Mortgage Services Corp)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 1007 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 1007 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, negligence or willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.101007.
Appears in 7 contracts
Sources: Indenture Agreement (Castellum, Inc.), Indenture (Duos Technologies Group, Inc.), Indenture (Iveda Solutions, Inc.)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.101007.
Appears in 6 contracts
Sources: Indenture (National Oilwell Varco Inc), Indenture (FMC Technologies Inc), Indenture (FMC Technologies Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 10.07 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 10.07 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.1010.07. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.1010.07.
Appears in 6 contracts
Sources: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date interest payment date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium Principal of or interest on the Securities of that series if there has been any a change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish to the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal Principal of and any premium or interest on the Securities of that series shall be made to Holders of the Securities of that series who are United States Aliens without withholding or deduction for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding or deduction shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld or deducted on such payments to such Holders of Securities and shall certify (i) that the Company shall make such withholding or deduction and shall remit the relevant tax, assessment or other governmental charge to the relevant taxing authority and (ii) the fact that additional amounts will be payable and the amounts so payable to each Holder, and the Company will shall pay to the Trustee or such Paying Agent Agents the Additional Amounts additional amounts required to be paid by this Section 10.10Section. The Company covenants to indemnify each of the Trustee and any Paying Agent Agents for, and to hold each of them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct or bad faith on their its part arising out of or in connection with actions taken or omitted by any of them it in reliance on any Officers’ Certificate furnished pursuant to this Section. The provisions of this Section 10.10shall survive the satisfaction and discharge of the Securities, the resignation or removal of the Trustee or any Paying Agent and the payment of the Securities. Whenever in this Indenture there is mentioned, in any context, the payment of the Principal of or interest or any other amounts on, or in respect of, any Security of any series, such mention shall be deemed to include mention of the payment of additional amounts provided by the terms of such series established hereby or pursuant hereto to the extent that, in such context, additional amounts are, were or would be payable in respect thereof pursuant to such terms, and express mention of the payment of additional amounts (if applicable) in any provision hereof shall not be construed as excluding the payment of additional amounts in those provisions hereof where such express mention is not made.
Appears in 6 contracts
Sources: Subordinated Indenture (Uil Holdings Corp), Subordinated Indenture (Uil Holdings Corp), Senior Indenture (Uil Holdings Corp)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10.1007. ARTICLE ELEVEN
Appears in 6 contracts
Sources: Indenture (Key Energy Group Inc), Indenture (Midcoast Energy Resources Inc), Indenture (Transocean Offshore Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such any series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof (or premium, or premium (if any) or interest on on, or in respect of, any Security of any series or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in the terms of such Security and this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal (and any premium premium, if any) is made), and at least 10 days prior to each date of payment of principal (and any premium premium, if any) or interest interest, if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate), the Company shall will furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of (and any premium premium, if any) or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to the Trustee or such Paying Agent the Additional Amounts required by the terms of such Security and the first paragraph of this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10Section.
Appears in 5 contracts
Sources: Indenture (SPSS Inc), Indenture (Gatx Financial Corp), Indenture (Gatx Financial Corp)
Additional Amounts. If the any Securities of a series expressly provide for the payment of Additional Amounts, the Company will Issuer and the Guarantor (if the Securities are Guaranteed Securities) agree to pay to the Holder of any such Security of such series or any Coupon appertaining thereto Additional Amounts as expressly provided thereinin or pursuant to this Indenture or such Securities. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or any Coupon or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms, and express mention of the payment of Additional Amounts (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise provided in or pursuant to this Indenture or the Securities of the applicable series, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that such series of Securities (or if the Securities of that such series will shall not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company Issuer or the Guarantor, as the case may be, shall furnish to the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium premium, if any, or interest on the Securities of that such series shall be made to Holders of Securities of that such series or the Coupons appertaining thereto who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that such series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities or Coupons, and the Company will Issuer and the Guarantor (if the Securities are Guaranteed Securities) agree to pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. The Company covenants Issuer and the Guarantor each covenant to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10Section.
Appears in 5 contracts
Sources: Indenture (Reckson Associates Realty Corp), Merger Agreement (Reckson Associates Realty Corp), Indenture (Reckson Associates Realty Corp)
Additional Amounts. If the Securities of a series expressly provide for the payment of additional amounts to any Holder who is a non-United States Person in respect of any tax, assessment or governmental charge ("Additional Amounts"), the Company will pay to the Holder of any Security of such series or any coupon appertaining thereto such Additional Amounts as expressly may be so provided thereinby Section 301. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof (or premium, or premium (if any, on) or interest on on, or in respect of, any Security of a series or payment of any series related coupon or the net proceeds received from on the sale or exchange of any a Security of any a series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 301 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 301, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal (and any premium premium, if any) is made), and at least 10 days prior to each date of payment of principal (and any premium premium, if any) or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Officer's Certificate, the Company shall will furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Officer's Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of (and any premium premium, if any, on) or interest on the Securities of that series shall be made to Holders of Securities of that series or any related coupons who are non-United States Aliens Persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Officer's Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series or related coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Officer's Certificate furnished pursuant to this Section 10.10or in the event the Trustee shall not withhold or deduct any sums as a result of the non-receipt of an Officer's Certificate pursuant to this Section.
Appears in 5 contracts
Sources: Indenture (Viacom International Inc /De/), Indenture (Viacom Inc), Indenture (Viacom International Inc /De/)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 1007 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 1007 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.101007. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.101007.
Appears in 4 contracts
Sources: Indenture (Noble Holding International LTD), Indenture (Noble Corp), Indenture (Noble Holding International LTD)
Additional Amounts. If the any Securities of a series expressly provide for the payment of additional amounts to any Holder in respect of any tax, assessment or governmental charge (“Additional Amounts”), the Company will pay to the Holder of any Security of such series or any Coupon appertaining thereto such Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 301. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of(or premium, or premium (if any, on) or interest on on, or in respect of, any Security of a series or payment of any series related Coupon or the net proceeds received from on the sale or exchange of any Security of any a series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 301 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 301, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal (and any premium premium, if any) is made), and at least 10 days prior to each date of payment of principal (and any premium premium, if any) or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall will furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of (and any premium premium, if any, on) or interest on the Securities of that series shall be made to Holders of Securities of that series or any related Coupons who are not United States Aliens Persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that the series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series or related Coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled to (i) assume that no such withholding or deduction is required with respect to any payment of principal (and premium, if any) or interest with respect to any Securities of a series or related Coupons until it shall have received a certificate advising otherwise and (ii) to make all payments of principal (and premium, if any) and interest with respect to the Securities of a series or related Coupons without withholding or deductions until otherwise advised. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10Section.
Appears in 4 contracts
Sources: Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first FIRST Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10.1007. ARTICLE ELEVEN
Appears in 4 contracts
Sources: Indenture (Veritas DGC Inc), Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series such Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 3.01. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof (or premium, or premium (if any) or interest interest, if any, on any Security of any series or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 3.01 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 3.01, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any principal, premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall will furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any principal, premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are not United States Aliens persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series and the Company will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled (i) to assume that no such withholding or deduction is required with respect to any payment of principal or interest with respect to any Securities of a series until it shall have received a certificate advising otherwise and (ii) to make all payments of principal and interest with respect to the Securities of a series without withholding or deductions until otherwise advised. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10or in reliance on the Company’s not furnishing such an Officers’ Certificate.
Appears in 4 contracts
Sources: Indenture Agreement (TriplePoint Venture Growth BDC Corp.), Indenture Agreement (TriplePoint Venture Growth BDC Corp.), Indenture (Garrison Capital Inc.)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date interest payment date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium of, premium, if any, or interest on the Securities of that series if there has been any a change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish to the Trustee and the Company’s principal Paying Agent or Paying AgentsAgent, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium of, premium, if any, or interest on the Securities of that series shall be made to Holders of the Securities of that series who are United States Aliens without withholding or deduction for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding or deduction shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld or deducted on such payments to such Holders of Securities and shall certify the fact that additional amounts will be payable and the amounts so payable to each Holder, and the Company will shall pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required to be paid by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10Section. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, premium, if any, or interest or any other amounts on, or in respect of, any Security of any series, such mention shall be deemed to include mention of the payment of additional amounts provided by the terms of such series established hereby or pursuant hereto to the extent that, in such context, additional amounts are, were or would be payable in respect thereof pursuant to such terms, and express mention of the payment of additional amounts (if applicable) in any provision hereof shall not be construed as excluding the payment of additional amounts in those provisions hereof where such express mention is not made.
Appears in 4 contracts
Sources: Indenture (Td Ameritrade Holding Corp), Indenture (TD AMERITRADE Online Holdings Corp.), Indenture (TD AMERITRADE Online Holdings Corp.)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such series Additional Amounts or any related Coupon additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or payment of any related Coupon or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall will furnish the Trustee and the Company’s principal 's Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series or any related Coupons who are United States Aliens (as defined in such Securities) without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments Payments to such Holders of Securities or Coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section. ARTICLE TWELVE Redemption of Securities SECTION 1201. Applicability of Article. Securities of any series which are redeemable before their Stated Maturity shall be redeemable in accordance with their terms and (except as otherwise specified as contemplated by Section 10.10202 or Section 301, as the case may be, for Securities of any series) in accordance with this Article.
Appears in 4 contracts
Sources: Indenture (Polaroid Corp), Indenture (Washington Post Co), Indenture (Manor Care Inc/New)
Additional Amounts. If the Securities Debentures of a any series expressly provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security Debenture of such series Additional Amounts or any Coupon appertaining thereto additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof or any premium or interest on, or premium (if any) or interest on in respect of any Security Debenture of any series or payment of any related Coupon or the net proceeds received from on the sale or exchange of any Security Debenture of any series, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts context additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities Debentures of a any series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that Debentures of such series of Securities (or if the Securities Debentures of that such series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall will furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities Debentures of that such series shall be made to Holders of Securities Debentures of that such series or any Coupons appertaining thereto who are United States Aliens without withholding for or on account of any tax, tax assessment or other governmental charge described in the Securities Debentures of that such series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities Debentures of such series or any Coupons appertaining thereto and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, negligence or willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10Section.
Appears in 4 contracts
Sources: Indenture (Sun Healthcare Group Inc), Indenture (Sun Healthcare Group Inc), Indenture (Calenergy Capital Trust Vi)
Additional Amounts. If the any Securities of a series expressly provide for the payment of Additional Amounts, the Company will agrees to pay to the Holder of any such Security of such series Additional Amounts as expressly provided thereinin or pursuant to this Indenture or such Securities. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms, and express mention of the payment of Additional Amounts (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise provided in or pursuant to this Indenture or the Securities of the applicable series, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that such series of Securities (or if the Securities of that such series will shall not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Officer’s Certificate, the Company shall furnish to the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Officer’s Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium premium, if any, or interest on the Securities of that such series shall be made to Holders of Securities of that such series who are United States Aliens (as demonstrated by delivery of appropriate tax forms) without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that such series. If any such withholding shall be required, then such Officers’ Officer’s Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities Securities, and the Company will agrees to pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Officer’s Certificate furnished pursuant to this Section 10.1010.4.
Appears in 4 contracts
Sources: Indenture (JMP Group LLC), Indenture (JMP Group LLC), Indenture (WaferGen Bio-Systems, Inc.)
Additional Amounts. If the any Securities of a series expressly provide for the payment of Additional Amounts, the Company Issuer will pay to the Holder of any Security of such that series Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 2.02. Whenever in this Indenture there is mentioned, in any context, mentioned the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of that series established pursuant to Section 10.10 2.02 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 2.02, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date interest payment date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturitymaturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall Issuer will furnish the Trustee and the CompanyIssuer’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are not United States Aliens persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that the series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series and the Company Issuer will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled (i) to assume that no such withholding or deduction is required with respect to any payment of principal or interest with respect to any Securities of a series until it shall have received a certificate advising otherwise and (ii) to make all payments of principal and interest with respect to the Securities of a series without withholding or deductions until otherwise advised. The Company Issuer covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred Incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them or in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10or in reliance on the Issuer’s not furnishing such an Officers’ Certificate.
Appears in 3 contracts
Sources: Indenture (Ventas Inc), Indenture (Ventas Realty Limited Partnership), Indenture (Ventas Realty Limited Partnership)
Additional Amounts. If the Securities of a any series expressly provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such series Additional Amounts the additional amounts as expressly provided thereinin the terms of the Securities of such series. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (premium, if any) , or interest on on, or in respect of, any Security of any series such Series or the net proceeds received from on the sale or exchange of any Security of any such series, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (additional amounts, if applicable) , in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a any series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal principal, and any premium premium, if any, is made), and at least 10 days prior to each date of payment of principal principal, and any premium premium, if any, or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall will furnish the Trustee and the Company’s principal Paying Agent or applicable Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of (and any premium premium, if any) or interest on the Securities of that such series shall be made to Holders of Securities of that such series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that such series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities Securities, and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or reasonable expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10Section.
Appears in 3 contracts
Sources: Indenture (Carlyle Group L.P.), Indenture (Carlyle Group L.P.), Indenture (Carlyle Group L.P.)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 10.07 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 10.07 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.1010.07. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10.10.07. ARTICLE ELEVEN
Appears in 3 contracts
Sources: Indenture (Abraxas Petroleum Corp), Indenture (Primero Gas Marketing Co Inc), Indenture (Abraxas Petroleum Corp)
Additional Amounts. If the Securities of a series expressly provide for ------------------ the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such series Additional Amounts or any Coupon appertaining thereto who are United States Aliens additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or payment of any related Coupon or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate' Certificate to be delivered pursuant to Section 4.6, the Company shall will furnish the Trustee and the Company’s principal 's Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series or any related Coupons who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities or Coupons and the Company will shall pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10Section.
Appears in 3 contracts
Sources: Multiple Series Indenture (Usx Capital Trust I), Multiple Series Indenture (Usx Corp), Multiple Series Indenture (Usx Capital Trust I)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 4.09 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 4.09 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Unless otherwise provided pursuant to Section 2.01 with respect to Securities of any series, if the Securities of a series provide for the payment of Additional Amounts, at least 10 ten days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 ten days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, for and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.104.09.
Appears in 3 contracts
Sources: Indenture (R&b Falcon Corp), Indenture (Seitel Capital Trust Ii), Indenture (R&b Falcon Corp)
Additional Amounts. If the any Securities of a series expressly provide for the payment of Additional Amounts, the Company Issuer will pay to the Holder of any Security of such series Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 301. Whenever in this Indenture there is mentioned, in any context, mentioned the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 301 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 301, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturitythe Maturity Date, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall Issuer will furnish the Trustee and the CompanyIssuer’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and or any premium or interest Interest on the Securities of that series shall be made to Holders of Securities of that series who are not United States Aliens Persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that the series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series and the Company Issuer will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. If the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned Officers’ Certificate, then the Trustee or such Paying Agent shall be entitled (1) to assume that no such withholding or deduction is required with respect to any payment of principal, premium or Interest with respect to any Securities of a series until it shall have received a certificate advising otherwise and (2) to make all payments of principal, premium and Interest with respect to the Securities of a series without withholding or deductions until otherwise advised. The Company Issuer covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them pursuant to this Section 1010 or in reliance on any Officers’ Certificate furnished pursuant to this Section 10.101010 or in reliance on the Issuer’s not furnishing such an Officers’ Certificate.
Appears in 3 contracts
Sources: Indenture (Americold Realty Trust), Indenture (Nova Cold Logistics ULC), Indenture (Americold Realty Operating Partnership, L.P.)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such any series Additional Amounts or any coupon appertaining thereto additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof (or premium, or premium (if any) or interest on on, or in respect to, any Security of any series or payment of any related coupon or the net proceeds received from on the sale or exchange of any Security Securities of any series, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide provided for the payment of Additional Amountsadditional amounts, at least 10 15 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment or delivery of principal (and any premium premium, if any) or Maturity Consideration is made), and at least 10 15 days prior to each date of payment or delivery of principal of (and any premium premium, if any) or Maturity Consideration or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall will furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment or delivery of principal of (and any premium premium, if any) or Maturity Consideration or interest on the Securities of that series shall be made to Holders of Securities of that series or any related coupons who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments or deliveries to such Holders of Securities or coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10Section.
Appears in 3 contracts
Sources: Indenture (Commerce Bancorp Inc /Nj/), Indenture (Fleet Capital Trust Ix), Indenture (Commerce Bancorp Inc /Nj/)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such that series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 10.07 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 10.07 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10.10.07. ARTICLE XI
Appears in 3 contracts
Sources: Indenture (American Residential Services Inc), Indenture (Pentegra Dental Group Inc), Indenture (Innovative Valve Technologies Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 4.07 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 4.07 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Additional Amounts are payable on Securities of a series, the Company shall provide an Officers’ Certificate to the Trustee not less than five Business Days prior to the date such Additional Amounts are payable setting forth the accrual period and the amount of such Additional Amounts in reasonable detail. The Trustee may provide a copy of such Officers’ Certificate or other notice received from the Company relating to Additional Amounts to any Holder of the applicable Securities of a series provide for upon request. Unless and until a Responsible Officer of the payment of Additional Amounts, Trustee receives at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to MaturityCorporate Trust Office such a certificate, the first day on which a payment of principal and Trustee may assume without inquiry that no such Additional Amounts are payable. The Trustee shall not at any premium is made)time be under any duty or responsibility to any Holder to determine whether any Additional Amounts are payable, and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth nature, extent or calculation of the amount of any Additional Amounts owed, or with respect to the method employed in such calculation of any Additional Amounts. If the below-mentioned Officers’ CertificateCompany has paid Additional Amounts directly to the Persons entitled to it, the Company shall furnish deliver to the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing setting forth the Trustee and particulars of such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10payment.
Appears in 3 contracts
Sources: Indenture (Patterson Uti Energy Inc), Indenture (Patterson Uti Energy Inc), Indenture (Patterson Uti Energy Inc)
Additional Amounts. If the any Securities of a series expressly provide for the payment of additional amounts to any Holder in respect of any tax, assessment or governmental charge (“Additional Amounts”), the Company Issuer will pay to the Holder of any Security of such series or any coupon appertaining thereto such Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 301. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of(or premium, or premium (if any) or interest on interest, if any, on, or in respect of, any Security of a series or payment of any series related coupon or the net proceeds received from on the sale or exchange of any Security of any a series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 301 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 301, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal (and any premium premium, if any) is made), and at least 10 days prior to each date of payment of principal and any premium (or premium, if any) or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Officer’s Certificate, the Company shall Issuer will furnish the Trustee and the CompanyIssuer’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Officer’s Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any principal, premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens or any related coupons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that the series. If any such withholding shall be required, then such Officers’ Officer’s Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series or related coupons and the Company Issuer will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled to (i) assume that no such withholding or deduction is required with respect to any payment of principal of (or premium, if any) or interest, if any, on any Securities of a series or related coupons until it shall have received a certificate advising otherwise and (ii) to make all payments of principal of (and premium, if any) and interest, if any, on the Securities of a series or related coupons without withholding or deductions until otherwise advised. The Company covenants and the Guarantors jointly and severally covenant to indemnify the Trustee and Trustee, any Paying Agent Agent, and their respective officers, directors, employees, and agents for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Officer’s Certificate furnished pursuant to this Section 10.10Section. The provisions of the immediately preceding sentence shall survive the termination of this Indenture and the earlier resignation or removal of the Trustee.
Appears in 3 contracts
Sources: Indenture Agreement (American Medical Systems Europe B.V.), Indenture (Boston Scientific Corp), Indenture Agreement (American Medical Systems Europe B.V.)
Additional Amounts. If the any Securities of a series expressly provide for the payment of Additional Amounts, the Company will agrees to pay to the Holder of any such Security of such series Additional Amounts as expressly provided thereinin or pursuant to this Indenture or such Securities. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms, and express mention of the payment of Additional Amounts (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise provided in or pursuant to this Indenture or the Securities of the applicable series, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that such series of Securities (or if the Securities of that such series will shall not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Officer’s Certificate, the Company shall furnish to the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Officer’s Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium premium, if any, or interest on the Securities of that such series shall be made to Holders of Securities of that such series who are United States Aliens (as demonstrated by delivery of appropriate tax forms) without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that such series. If any such withholding shall be required, then such Officers’ Officer’s Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities Securities, and the Company will agrees to pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, negligence or willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Officer’s Certificate furnished pursuant to this Section 10.1010.4.
Appears in 3 contracts
Sources: Indenture (Vertiv Holdings Co), Indenture (Vertiv Holdings Co), Indenture (Aptargroup, Inc.)
Additional Amounts. If the any Securities of a series expressly provide for the payment of Additional Amounts, the Company Issuer will pay to the Holder of any Security of such that series Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 2.02. Whenever in this Indenture there is mentioned, in any context, mentioned the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of that series established pursuant to Section 10.10 2.02 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 2.02, if the Securities of a series provide for the payment of Additional Amounts, at least 10 ten days prior to the first Interest Payment Date interest payment date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturitymaturity, the first day on which a payment of principal and any premium is made), and at least 10 ten days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall Issuer will furnish the Trustee and the CompanyIssuer’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are not United States Aliens persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that the series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series and the Company Issuer will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled (i) to assume that no such withholding or deduction is required with respect to any payment of principal or interest with respect to any Securities of a series until it shall have received a certificate advising otherwise and (ii) to make all payments of principal and interest with respect to the Securities of a series without withholding or deductions until otherwise advised. The Company Issuer covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred Incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them or in reliance on any Officers’ Certificate furnished pursuant to this Section 10.104.05 or in reliance on the Issuer’s not furnishing such an Officers’ Certificate.
Appears in 2 contracts
Sources: Indenture (Ventas Realty Limited Partnership), Indenture (Ventas Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such that series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such that mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 4.07 to the extent that, in such that context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 4.07, and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such that express mention is not made. If Unless otherwise provided pursuant to Section 2.01 with respect to Securities of any series, if the Securities of a series provide for the payment of Additional Amounts, at least 10 ten days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 ten days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such that payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such that Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such those payments to such those Holders of Securities Securities, and the Company will pay to such that Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, for and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, gross negligence or willful misconduct or bad faith on their part arising out of or in connection with actions taken the Company’s failure to pay Additional Amounts and remit any withheld amounts to the proper governmental authority. The Trustee shall not at any time be under any duty or omitted by responsibility to any Holder of them Securities to determine the Additional Amounts, or with respect to the nature, extent, or calculation of the amount of Additional Amounts owed, or with respect to the method employed in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10such calculation of the Additional Amounts.
Appears in 2 contracts
Sources: Indenture (Helix Energy Solutions Group Inc), Subordinated Indenture (Helix Energy Solutions Group Inc)
Additional Amounts. If the Securities of a series expressly Series provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such series Additional Amounts Series or any Coupon appertaining thereto additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal or premium, if any, of or interest on, or in respect of, any security of a Series or premium (if any) or interest on any Security payment of any series related Coupon or the net proceeds received from on the sale or exchange of any Security of any seriesSeries, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series Series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date interest payment date with respect to that series Series of Securities (or if the Securities of that series Series will not bear interest prior to Maturitymaturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium principal, premium, if any, or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Officer's Certificate, the Company shall will furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the TrusteeTrustee , with an Officers’ Officer's Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series Series shall be made to Holders of Securities of that series Series or any related Coupons who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that seriesSeries. If any such withholding shall be required, then such Officers’ Officer's Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities or Coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Officer's Certificate furnished pursuant to this Section 10.10Section.
Appears in 2 contracts
Sources: Indenture (Enhance Financial Services Group Inc), Indenture (Enhance Financial Services Group Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series such Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 3.01. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof (or premium, or premium (if any) or interest interest, if any, on any Security of any series or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 3.01 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 3.01, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any principal, premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall will furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any principal, premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are not United States Aliens persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series and the Company will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled (i) to assume that no such withholding or deduction is required with respect to any payment of principal or interest with respect to any Securities of a series until it shall have received a certificate advising otherwise and (ii) to make all payments of principal and interest with respect to the Securities of a series without withholding or deductions until otherwise advised. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, negligence or willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10or in reliance on the Company’s not furnishing such an Officers’ Certificate.
Appears in 2 contracts
Sources: Indenture (Golub Capital Private Credit Fund), Indenture (Sixth Street Specialty Lending, Inc.)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series such Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 301. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof (or premium, or premium (if any) or interest interest, if any, on any Security of any series or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 301 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 301, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any principal, premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall will furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any principal, premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are not United States Aliens persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series and the Company will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled (i) to assume that no such withholding or deduction is required with respect to any payment of principal or interest with respect to any Securities of a series until it shall have received a certificate advising otherwise and (ii) to make all payments of principal and interest with respect to the Securities of a series without withholding or deductions until otherwise advised. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10or in reliance on the Company’s not furnishing such an Officers’ Certificate.
Appears in 2 contracts
Sources: Indenture (CM Finance Inc), Indenture (FIDUS INVESTMENT Corp)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 SECTION 1007 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 SECTION 1007 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States U.S. Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10SECTION 1007. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10.SECTION 1007. ARTICLE ELEVEN
Appears in 2 contracts
Sources: Indenture (Grey Wolf Inc), Indenture (Grey Wolf Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series such Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 3.01. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof (or premium, or premium (if any) or interest interest, if any, on any Security of any series or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 3.01 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 3.01, if the Securities of a series provide for the payment of Additional Amounts, at least 10 calendar days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 calendar days prior to each date of payment of principal and any principal, premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall will furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any principal, premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are not United States Aliens persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series and the Company will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled (i) to assume that no such withholding or deduction is required with respect to any payment of principal or interest with respect to any Securities of a series until it shall have received a certificate advising otherwise and (ii) to make all payments of principal and interest with respect to the Securities of a series without withholding or deductions until otherwise advised. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10or in reliance on the Company’s not furnishing such an Officers’ Certificate.
Appears in 2 contracts
Sources: Indenture (Horizon Technology Finance Corp), Indenture (THL Credit, Inc.)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 1007 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 1007 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.101007. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, negligence or willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.101007.
Appears in 2 contracts
Sources: Indenture (Noble Holding International LTD), Indenture (Noble Holding International LTD)
Additional Amounts. If the any Securities of a series expressly provide for the payment of additional amounts to any Holder who is not a United States person in respect of any tax, assessment or governmental charge ("Additional Amounts"), the Company will shall pay to the Holder of any Security of such series such Additional Amounts as expressly provided thereinmay be specified pursuant to Section 301. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of (and premium, if any, on) or interest, if any, on, or in respect of, or premium (if any) or interest on any Security of any a series or the net proceeds received from on the sale or exchange of any Security of any a series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 301 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms, and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified pursuant to Section 301, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date Date, if any, with respect to that Securities of such series of Securities (or if the Securities of that such series do not bear interest or will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of interest or principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such the Paying Agent or Paying Agents whether such payment of principal of (and any premium premium, if any, on) or interest interest, if any, on the Securities of that such series shall be made to Holders of Securities of that such series who are not United States Aliens persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that the series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of such series and the Company will shall pay to such the Trustee or the Paying Agent or Paying Agents the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled (i) to assume that no such withholding or deduction is required with respect to any payment of principal, premium or interest with respect to any Securities of a series until it shall have received a certificate advising otherwise and (ii) to make all payments of principal, premium and interest with respect to the Securities of a series without withholding or deductions until otherwise advised. The Company hereby covenants and agrees to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability liability, cost or expense reasonably incurred without negligence, negligence or willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10Section.
Appears in 2 contracts
Sources: Indenture (Atmos Energy Corp), Indenture (Atmos Energy Corp)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.101007. ARTICLE ELEVEN REDEMPTION OF SECURITIES SECTION 1101. APPLICABILITY OF ARTICLE. Securities of any series which are redeemable before their Stated Maturity shall be redeemable in accordance with their terms and (except as otherwise specified as contemplated by Section 301 for Securities of any series) in accordance with this Article.
Appears in 2 contracts
Sources: Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc)
Additional Amounts. If the Securities of a series expressly Series provide for the payment of Additional Amountsadditional amounts, the Company Issuer will pay to the Holder of any Security of such series Additional Amounts Series or any Coupon appertaining thereto additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or interest on, or in respect of, or premium (if any) or interest on any Security of any series Series or payment of any related Coupon or the net proceeds received from on the sale or exchange of any Security of any seriesSeries, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series Series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date interest payment dated with respect to that series Series of Securities (or if the Securities of that series Series will not bear interest prior to Maturitymaturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Officer's Certificate, the Company shall Issuer will furnish the Trustee and the Company’s Issuer's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Officer's Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series Series shall be made to Holders of Securities of that series Series or any related Coupons who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that seriesSeries. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of Coupons and the Company Issuer will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company Issuer covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out our of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10Section.
Appears in 2 contracts
Sources: Indenture (General Mills Inc), Indenture (General Mills Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such that series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such that mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 3.07 to the extent that, in such that context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 3.07, and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such that express mention is not made. If Unless otherwise provided pursuant to Section 2.01 with respect to Securities of any series, if the Securities of a series provide for the payment of Additional Amounts, at least 10 ten days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 ten days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such that payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such that Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such those payments to such those Holders of Securities Securities, and the Company will pay to such that Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, for and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.103.07.
Appears in 2 contracts
Sources: Senior Indenture (Flowserve Corp), Senior Indenture (Flowserve Holdings Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date interest payment date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium of, premium, if any, or interest on the Securities of that series if there has been any a change with respect to the matters set forth in the below-mentioned Officers’ Officer’s Certificate, the Company shall furnish to the Trustee and the Company’s principal Paying Agent or Paying Agentspaying agent, if other than the Trustee, with an Officers’ Officer’s Certificate instructing the Trustee and such Paying Agent or Paying Agents paying agent whether such payment of principal of and any premium of, premium, if any, or interest on the Securities of that series shall be made to Holders holders of the Securities of that series who are United States Aliens without withholding or deduction for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding or deduction shall be required, then such Officers’ Officer’s Certificate shall specify by country the amount, if any, required to be withheld or deducted on such payments to such Holders of Securities holders and shall certify the fact that additional amounts will be payable and the amounts so payable to each holder, and the Company will shall pay to the Trustee or such Paying Agent paying agent the Additional Amounts additional amounts required to be paid by this Section 10.104.6. The Company covenants to indemnify the Trustee and any Paying Agent paying agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Officer’s Certificate furnished pursuant to this Section 10.104.6. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium, interest or any other amounts on, or in respect of, any Security of any series, such mention shall be deemed to include mention of the payment of additional amounts provided by the terms of such series established hereby or pursuant hereto to the extent that, in such context, additional amounts are, were or would be payable in respect thereof pursuant to such terms, and express mention of the payment of additional amounts (if applicable) in any provision hereof shall not be construed as excluding the payment of additional amounts in those provisions hereof where such express mention is not made.
Appears in 2 contracts
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such that series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such that mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 3.7 to the extent that, in such that context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 3.7, and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such that express mention is not made. If Unless otherwise provided pursuant to Section 2.1 with respect to Securities of any series, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any taxCertificate, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate which shall specify by country the amount, if any, required to be withheld on such payments of Additional Amounts to such certain Holders of Securities Securities, and the Company will pay to such that Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, for and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.103.7.
Appears in 2 contracts
Sources: Indenture (Computer Sciences Corp), Indenture (Computer Sciences Corp)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10.
Appears in 2 contracts
Sources: Indenture (Quest Cherokee Oilfield Service, LLC), Indenture (Quest Cherokee Oilfield Service, LLC)
Additional Amounts. If the Securities of a series expressly ------------------- provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such any series Additional Amounts or any coupon appertaining thereto additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof (or premium, or premium (if any) or interest on on, or in respect of, any Security of any series or payment of any related coupon or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal (and any premium premium, if any) is made), and at least 10 days prior to each date of payment of principal (and any premium premium, if any) or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall will furnish the Trustee and the Company’s principal 's Principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of (and any premium premium, if any) or interest on the Securities of that series shall be made to Holders of Securities of that series or any related coupons who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities or coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or reasonable expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10Section.
Appears in 2 contracts
Sources: Indenture (National Commerce Bancorporation), Indenture (National Commerce Bancorporation)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company Corporation will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company Corporation shall furnish the Trustee and the CompanyCorporation’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company Corporation will pay to such Paying Agent the Additional Amounts required by this Section 10.10. The Company Corporation covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, negligence or willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10.
Appears in 2 contracts
Sources: Indenture (Amerant Bancorp Inc.), Indenture (FNB Corp/Pa/)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will and the Guarantor agree to pay to the Holder of any Security of any such series or any coupon appertaining thereto Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof (or premium, or premium (if any) or interest on on, or in respect of, any Security of any series or any related coupon or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal (and any premium premium, if any) is made), and at least 10 days prior to each date of payment of principal (and any premium premium, if any) or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall or the Guarantor, as the case may be, will furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of (and any premium premium, if any) or interest on the Securities of that series shall be made to Holders of Securities of that series or the related coupons who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities or coupons and the Company will and the Guarantor agree to pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants and the Guarantor each covenant to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10Section.
Appears in 2 contracts
Sources: Senior Indenture (Keystone Financial Mid Atlantic Funding Corp), Subordinated Indenture (Keystone Financial Mid Atlantic Funding Corp)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 10.07 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 10.07 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.1010.07. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.1010.07.
Appears in 2 contracts
Sources: Indenture Agreement (GMX Resources Inc), Indenture (GMX Resources Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such series Additional Amounts or any related Coupon additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or payment of any related Coupon or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-below- mentioned Officers’ Certificate, the Company shall will furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series or any related Coupons who are United States Aliens (as defined in such Securities) without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments Payments to such Holders of Securities or Coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, bad faith or willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10Section.
Appears in 2 contracts
Sources: Indenture (Ibm Credit LLC), Indenture (Ibm Credit LLC)
Additional Amounts. If specified as contemplated by Section 301, the Securities of a series expressly may provide for the payment of Additional Amountsadditional amounts, and in such case, the Company will pay to the Holder of any Security of such series Additional Amounts or any coupon appertaining thereto additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange payment of any Security of any seriesrelated coupon, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 Section, and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall will furnish the Trustee and the Company’s principal 's Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series or any related coupons who are Non-United States Aliens Holders without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities or coupons, and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by the Securities of such series and this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred incurred, without negligence, willful misconduct negligence or bad faith on their part part, arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10.Section. ARTICLE ELEVEN
Appears in 2 contracts
Sources: Indenture (Oxy Capital Trust Iii), Indenture (Occidental Petroleum Corp /De/)
Additional Amounts. If the Securities of a series expressly Series provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such series Additional Amounts Series or any Coupon appertaining thereto additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal or premium, if any, of or interest on, or in respect of, or premium (if any) or interest on any Security of any series Series or payment of any related Coupon or the net proceeds received from on the sale or exchange of any Security of any seriesSeries, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series Series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date interest payment date with respect to that series Series of Securities (or if the Securities of that series Series will not bear interest prior to Maturitymaturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium principal, premium, if any, or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Officer's Certificate, the Company shall will furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Officer's Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series Series shall be made to Holders of Securities of that series Series or any related Coupons who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that seriesSeries. If any such withholding shall be required, then such Officers’ Officer's Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities or Coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Officer's Certificate furnished pursuant to this Section 10.10Section.
Appears in 2 contracts
Sources: Indenture (Cna Financial Corp), Indenture (Cna Financial Corp)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such series Additional Amounts or any Coupon appertaining thereto additional amounts as expressly provided and subject to the conditions set forth therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or payment of any related Coupon or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall will furnish the Trustee and the Company’s principal 's Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series or any related Coupons who are United States Aliens (as defined in the Securities) without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10.be
Appears in 2 contracts
Sources: Indenture Provisions (Aristar Inc), Indenture Agreement (Washington Mutual Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 10.07 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 10.07 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, negligence or willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.1010.07.
Appears in 2 contracts
Sources: Indenture (Northwest Biotherapeutics Inc), Indenture (Northwest Biotherapeutics Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of additional amounts to any Holder who is not a United States person in respect of any tax, assessment or governmental charge ("Additional Amounts"), the Company will pay to the Holder of any Security of such series or any coupon appertaining thereto such Additional Amounts as expressly may be so provided thereinby Section 301. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof (or premium, or premium (if any, on) or interest on on, or in respect of, any Security of a series or payment of any series related coupon or the net proceeds received from on the sale or exchange of any a Security of any a series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 301 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 301, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal (and any premium premium, if any) is made), and at least 10 days prior to each date of payment of principal (and any premium premium, if any) or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Officer's Certificate, the Company shall will furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Officer's Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of (and any premium premium, if any, on) or interest on the Securities of that series shall be made to Holders of Securities of that series or any related coupons who are not United States Aliens Persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Officer's Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series or related coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled to (i) assume that no such withholding or deduction is required with respect to any payment of principal (and premium, if any) or any interest with respect to any Securities of a series or related coupons until it shall have received a certificate advising otherwise and (ii) make all payments of principal (and premium, if any) and interest with respect to the Securities of a series or related coupons without withholding or deductions until otherwise advised. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Officer's Certificate furnished pursuant to this Section 10.10or in the event the Trustee shall not withhold or deduct any sums as a result of the non-receipt of an Officer's Certificate pursuant to this Section.
Appears in 2 contracts
Sources: Indenture (Viacom International Inc /De/), Indenture (Viacom Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such that series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such that mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 3.7 to the extent that, in such that context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 3.7 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such that express mention is not made. If Unless otherwise provided pursuant to Section 2.1 with respect to Securities of any series, if the Securities of a series provide for the payment of Additional Amounts, at least 10 ten days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 ten days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such that payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such that Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such those payments to such those Holders of Securities Securities, and the Company will pay to such that Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, for and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, gross negligence or willful misconduct or bad faith (as determined by a court of competent jurisdiction in a final and non-appealable decision) on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.103.7.
Appears in 2 contracts
Sources: Indenture (Keurig Dr Pepper Inc.), Indenture (Dr Pepper/Seven Up Beverage Sales Co)
Additional Amounts. If the Securities any Notes of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security Note of such series such Additional Amounts as expressly provided thereinmay be specified in this Indenture. Whenever in this Indenture there is mentioned, in any contextcontext except in the case of Section 502(1), the payment of the principal interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security Note of any series, any such mention shall be deemed to include mention of the payment of Additional Amounts provided for in by the terms of such series established pursuant to this Section 10.10 Indenture to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities Notes of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities Notes (or if the Securities Notes of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall will furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities Notes of that series shall be made to Holders of Securities Notes of that series who are not United States Aliens persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities Notes of that the series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities Notes of that series and the Company will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Notes. If the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled (i) to assume that no such withholding or deduction is required with respect to any payment of principal or interest with respect to any Notes of a series until it shall have received a certificate advising otherwise and (ii) to make all payments of principal and interest with respect to the Notes of a series without withholding or deductions until otherwise advised. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them or in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10or in reliance on the Company's not furnishing such an Officers' Certificate.
Appears in 2 contracts
Sources: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such series Additional Amounts or any coupon appertaining thereto additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or payment of any related coupon or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were INDENTURE -52- 59 or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall will furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series or any related coupons who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities or coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10Section.
Appears in 2 contracts
Sources: Senior Indenture (Newfield Exploration Co /De/), Senior Indenture (Newfield Financial Trust Ii)
Additional Amounts. If the any Securities of a series expressly provide for the payment of Additional Amounts, the Company Issuer will pay to the Holder of any Security of such series Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 301. Whenever in this Indenture there is mentioned, in any context, mentioned the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 301 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 301, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturitythe Maturity Date, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall Issuer will furnish the Trustee and the CompanyIssuer’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest Interest on the Securities of that series shall be made to Holders of Securities of that series who are not United States Aliens Persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that the series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series and the Company Issuer will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. If the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned Officers’ Certificate, then the Trustee or such Paying Agent shall be entitled (1) to assume that no such withholding or deduction is required with respect to any payment of principal, premium or Interest with respect to any Securities of a series until it shall have received a certificate advising otherwise and (2) to make all payments of principal, premium and Interest with respect to the Securities of a series without withholding or deductions until otherwise advised. The Company Issuer covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them pursuant to this Section 1010 or in reliance on any Officers’ Certificate furnished pursuant to this Section 10.101010 or in reliance on the Issuer’s not furnishing such an Officers’ Certificate.
Appears in 2 contracts
Sources: Indenture (Columbia Property Trust, Inc.), Indenture (Columbia Property Trust Operating Partnership, L.P.)
Additional Amounts. If the any Securities of a series expressly provide ------------------ for the payment of Additional Amounts, the Operating Partnership and the Company will (if the Securities are Guaranteed Securities) each covenants and agrees for the benefit of the Holders of Securities to pay to the Holder of any Security of such series or any coupon appertaining thereto Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 301. Whenever in this Indenture there is mentioned, in any contextcontext except in the case of clause (1) of Section 502, the payment of the principal of or of any premium, Make-Whole Amount or interest on, or in respect of, or premium (if any) or interest on any Security of any series or payment of any coupon or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 301 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 301, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that Securities of such series of Securities (or if the Securities of that such series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest Make-Whole Amount or interest, if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Operating Partnership Certificate or Company Certificate, the Company Operating Partnership or the Company, as the case may be, shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Operating Partnership Certificate or Company Certificate, as the case may be, instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or Make-Whole Amount or interest on the Securities of that such series shall be made to Holders of Securities of that such series or any coupons appertaining thereto who are not United States Aliens persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that or within the series. If any such withholding shall be is required, then such Officers’ Operating Partnership Certificate or Company Certificate, as the case may be, shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of such series or any coupons appertaining thereto and the Operating Partnership and the Company will (if the Securities of such series are Guaranteed Securities) each agrees to pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled (i) to assume that no such withholding or deduction is required with respect to any payment of principal or interest with respect to any Securities of such series or any coupons appertaining thereto until it has received a certificate advising otherwise and (ii) to make all payments of principal and interest with respect to the Securities of such series or any coupons appertaining thereto without withholding or deductions until otherwise advised. The Operating Partnership and the Company each covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them or in reliance on any Officers’ Operating Partnership Certificate of Company Certificate furnished pursuant to this Section 10.10or in reliance on the Operating Partnership's or the Company's not furnishing such an Operating Partnership Certificate or Company Certificate, as the case may be.
Appears in 2 contracts
Sources: Indenture (Cabot Industrial Properties Lp), Indenture (Cabot Industrial Trust)
Additional Amounts. If the any Securities of a series expressly provide for the payment of Additional Amounts, the Company will agrees to pay to the Holder of any such Security of such series Additional Amounts as expressly provided thereinin or pursuant to this Indenture or such Securities. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms, and express mention of the payment of Additional Amounts (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise provided in or pursuant to this Indenture or the Securities of the applicable series, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that such series of Securities (or if the Securities of that such series will shall not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish to the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium premium, if any, or interest on the Securities of that such series shall be made to Holders of Securities of that such series who are United States Aliens (as demonstrated by delivery of appropriate tax forms) without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that such series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities Securities, and the Company will agrees to pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10Section.
Appears in 2 contracts
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such that series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such that mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 3.07 to the extent that, in such that context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 3.07, and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such that express mention is not made. If Unless otherwise provided pursuant to Section 2.01 with respect to Securities of any series, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Officer’s Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Officer’s Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such that payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ that Officer’s Certificate shall specify by country the amount, if any, required to be withheld on such those payments to such those Holders of Securities Securities, and the Company will pay to such that Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, for and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Officer’s Certificate furnished pursuant to this Section 10.103.07.
Appears in 2 contracts
Sources: Senior Indenture (Ingersoll Rand Inc.), Senior Indenture (Ingersoll Rand Inc.)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such series Additional Amounts or any related Coupon additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or payment of any related Coupon or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall will furnish the Trustee and the Company’s principal 's Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series or any related Coupons who are United States Aliens (as defined in such Securities) without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments Payments to such Holders of Securities or Coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10.Section. ARTICLE TWELVE
Appears in 2 contracts
Sources: Indenture (Apex Silver Mines LTD), Indenture (Apex Silver Mines LTD)
Additional Amounts. If the Securities of a series expressly Series provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such series Additional Amounts any Series the additional amounts as expressly provided thereinin the terms of the Securities of that Series. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (premium, if any) , or interest on on, or in respect of, any Security of any series Series or the net proceeds received from on the sale or exchange of any Security of any seriesSeries, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (additional amounts, if applicable) , in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series Series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series Series of Securities (or if the Securities of that series Series will not bear interest prior to Maturity, the first day on which a payment of principal principal, and any premium premium, if any, is made), and at least 10 days prior to each date of payment of principal principal, and any premium premium, if any, or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall will furnish the Trustee and the Company’s principal Principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of (and any premium premium, if any) or interest on the Securities of that series Series shall be made to Holders of Securities of that series Series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that seriesSeries. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities Securities, and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or reasonable expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10Section.
Appears in 2 contracts
Sources: Indenture (Wal Mart Stores Inc), Indenture (Wal Mart Stores Inc)
Additional Amounts. If the Securities of a series expressly Series provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such series Additional Amounts any Series the additional amounts as expressly provided thereinin the terms of the Securities of that Series. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (premium, if any) , or interest on on, or in respect of, any Security of any series Series or the net proceeds received from on the sale or exchange of any Security of any seriesSeries, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (additional amounts, if applicable) , in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series Series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series Series of Securities (or if the Securities of that series Series will not bear interest prior to Maturity, the first day on which a payment of principal principal, and any premium premium, if any, is made), and at least 10 days prior to each date of payment of principal principal, and any premium premium, if any, or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall will furnish the Trustee and the Company’s principal 's Principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of (and any premium premium, if any) or interest on the Securities of that series Series shall be made to Holders of Securities of that series Series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that seriesSeries. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities Securities, and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or reasonable expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10Section.
Appears in 2 contracts
Sources: Indenture (Wal Mart Stores Inc), Indenture (Wal Mart Stores Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series or any coupon appertaining thereto such Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 3.01. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof (or premium, or premium (if any) or interest interest, if any, on any Security of any series or payment of any related coupon or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 3.01 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 3.01, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any principal, premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall will furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any principal, premium or interest on the Securities of that series shall be made to Holders of Securities of that series or any related coupons who are not United States Aliens persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series or related coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled (i) to assume that no such withholding or deduction is required with respect to any payment of principal or interest with respect to any Securities of a series or related coupons until it shall have received a certificate advising otherwise and (ii) to make all payments of principal and interest with respect to the Securities of a series or related coupons without withholding or deductions until otherwise advised. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, claim, damage, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10or in reliance on the Company’s not furnishing such an Officers’ Certificate.
Appears in 2 contracts
Sources: Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp)
Additional Amounts. If the Securities any Notes of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security Note of such series such Additional Amounts as expressly provided thereinmay be specified in this Indenture. Whenever in this Indenture there is mentioned, in any contextcontext except in the case of Section 502(1), the payment of the principal interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security Note of any series, any such mention shall be deemed to include mention of the payment of Additional Amounts provided for in by the terms of such series established pursuant to this Section 10.10 Indenture to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities Notes of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities Notes (or if the Securities Notes of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall will furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities Notes of that series shall be made to Holders of Securities Notes of that series who are not United States Aliens persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities Notes of that the series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities Notes of that series and the Company will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Notes. If the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled (i) to assume that no such withholding or deduction is required with respect to any payment of principal or interest with respect to any Notes of a series until it shall have received a certificate advising otherwise and (ii) to make all payments of principal and interest with respect to the Notes of a series without withholding or deductions until otherwise advised. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them or in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10or in reliance on the Company’s not furnishing such an Officers’ Certificate.
Appears in 2 contracts
Sources: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such that series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such that mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 3.07 to the extent that, in such that context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 3.07, and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such that express mention is not made. If Unless otherwise provided pursuant to Section 2.01 with respect to Securities of any series, if the Securities of a series provide for the payment of Additional Amounts, at least 10 ten days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 ten days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such that payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such that Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such those payments to such those Holders of Securities Securities, and the Company will pay to such that Paying Agent the Additional Amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, for and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, negligence or willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.103.07.
Appears in 2 contracts
Sources: Indenture (Harman International Industries Inc /De/), Indenture (Harman International Industries Inc /De/)
Additional Amounts. If the any Securities of a series expressly provide for ------------------ the payment of Additional Amounts, the Company will covenants and agrees for the benefit of the Holders of Securities of such series that it shall pay to the Holder of any Security of such series or any coupon appertaining thereto Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 301. Whenever in this Indenture there is mentioned, in any contextcontext except in the case of clause (1) of Section 502, the payment of the principal of or of any premium, Make-Whole Amount or interest on, or in respect of, or premium (if any) or interest on any Security of any series or payment of any coupon or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 301 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where in which such express mention is not made. If Except as otherwise specified as contemplated by Section 301, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that Securities of such series of Securities (or if the Securities of that such series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest Make-Whole Amount or interest, if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Company Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ a Company Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or Make-Whole Amount or interest on the Securities of that such series shall be made to Holders of Securities of that such series or any coupons appertaining thereto who are not United States Aliens persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that or within the series. If any such withholding shall be is required, then such Officers’ Company Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of such series or any coupons appertaining thereto and the Company will shall pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled (i) to assume that no such withholding or deduction is required with respect to any payment of principal or interest with respect to any Securities of such series or any coupons appertaining thereto until it has received a certificate advising otherwise and (ii) to make all payments of principal and interest with respect to the Securities of such series or any coupons appertaining thereto without withholding or deductions until otherwise advised. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them or in reliance on any Officers’ Company Certificate furnished pursuant to this Section 10.10or in reliance on the Company's not furnishing such a Company Certificate.
Appears in 2 contracts
Sources: Indenture (Security Capital Group Inc/), Indenture (Security Capital Group Inc/)
Additional Amounts. If the Securities of a series expressly Series provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such series Additional Amounts Series or any Coupon appertaining thereto additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal or premium, if any, of or interest on, or in respect of, any security of a Series or premium (if any) or interest on any Security payment of any series related Coupon or the net proceeds received from on the sale or exchange of any Security of any seriesSeries, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series Series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date interest payment date with respect to that series Series of Securities (or if the Securities of that series Series will not bear interest prior to Maturitymaturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium principal, premium, if any, or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Officer's Certificate, the Company shall will furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the TrusteeTrustee , with an Officers’ Officer's Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series Series shall be made to Holders of Securities of that series Series or any related Coupons who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that seriesSeries. If any such withholding shall be required, then such Officers’ Officer's Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities or Coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company Company, notwithstanding any other provision in this Indenture, covenants to indemnify the Trustee and any Paying Agent and their officers, directors, employees and agents for, and to hold them harmless against against, any loss, liability or expense (including counsel's fees, expenses and disbursements) reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Officer's Certificate furnished pursuant to this Section 10.10Section.
Appears in 2 contracts
Sources: Indenture (Enhance Financial Services Group Inc), Indenture (Enhance Financial Services Group Inc)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 10.08 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 10.08 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.1010.07. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.1010.07.
Appears in 2 contracts
Sources: Indenture (Petrohawk Energy Corp), Indenture (Brigham Holdings Ii LLC)
Additional Amounts. If the any Securities of a series expressly provide for the payment of Additional Amounts, the Company Issuer will pay to the Holder of any Security of such that series Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 2.02. Whenever in this Indenture there is mentioned, in any context, mentioned the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of that series established pursuant to Section 10.10 2.02 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 2.02, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturitymaturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall Issuer will furnish the Trustee and the CompanyIssuer’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are not United States Aliens persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that the series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series and the Company Issuer will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled (i) to assume that no such withholding or deduction is required with respect to any payment of principal or interest with respect to any Securities of a series until it shall have received a certificate advising otherwise and (ii) to make all payments of principal and interest with respect to the Securities of a series without withholding or deductions until otherwise advised. The Company Issuer covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred Incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them or in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10or in reliance on the Issuer’s not furnishing such an Officers’ Certificate.
Appears in 2 contracts
Sources: Indenture (Care Capital Properties, LP), Indenture (Care Capital Properties, LP)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series such Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 3.01. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof (or premium, or premium (if any) or interest interest, if any, on any Security of any series or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 3.01 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 3.01, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any principal, premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall will furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any principal, premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are not United States Aliens persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series and the Company will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled (i) to assume that no such withholding or deduction is required with respect to any payment of principal or interest with respect to any Securities of a series until it shall have received a certificate advising otherwise and (ii) to make all payments of principal and interest with respect to the Securities of a series without withholding or deductions until otherwise advised. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, claim, damage, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10or in reliance on the Company’s not furnishing such an Officers’ Certificate.
Appears in 2 contracts
Sources: Indenture (TCP Capital Corp.), Indenture (TCP Capital Corp.)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such any series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof (or premium, or premium (if any) or interest on any Security of any series on, or the net proceeds received from the sale or exchange of in respect of, any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in the terms of such Security and this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal (and any premium premium, if any) is made), and at least 10 days prior to each date of payment of principal (and any premium premium, if any) or interest interest, if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Certificate), the Company shall will furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of (and any premium premium, if any) or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to the Trustee or such Paying Agent the Additional Amounts required by the terms of such Securities and the first paragraph of this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, negligence or willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10Section.
Appears in 2 contracts
Sources: Indenture (Yum Brands Inc), Indenture (Yum Brands Inc)
Additional Amounts. If the any Securities of a series expressly provide for the payment of additional amounts to any Holder in respect of any tax, assessment or governmental charge (“Additional Amounts”), the Company Issuer will pay to the Holder of any Security of such series or any coupon appertaining thereto such Additional Amounts as expressly provided thereinmay be specified as contemplated by Section 3.01. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof (or premium, or premium (if any) or interest on interest, if any, on, or in respect of, any Security of a series or payment of any series related coupon or the net proceeds received from on the sale or exchange of any Security of any a series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such series established pursuant to Section 10.10 3.01 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified as contemplated by Section 3.01, if the Securities of a series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal (and any premium or interest premium, if any) and interest, if any, if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Officer’s Certificate, the Company shall Issuer will furnish the Trustee and the CompanyIssuer’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Officer’s Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of (and any premium premium, if any) or interest interest, if any, on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens or any related coupons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that the series. If any such withholding shall be required, then such Officers’ Officer’s Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that series or related coupons and the Company Issuer will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. In the event that the Trustee or any Paying Agent, as the case may be, shall not so receive the above-mentioned certificate, then the Trustee or such Paying Agent shall be entitled to (i) assume that no such withholding or deduction is required with respect to any payment of principal (or premium, if any) or interest, if any, with respect to any Securities of a series or related coupons, if any, until it shall have received a certificate advising otherwise and (ii) make all payments of principal (or premium, if any) and interest, if any, with respect to the Securities of a series or related coupons, if any, without withholding or deductions until otherwise advised. The Company covenants and the Guarantors jointly and severally agree to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Officer’s Certificate furnished pursuant to this Section 10.10or the failure by the Issuer to furnish such Officer’s Certificate.
Appears in 2 contracts
Sources: Exhibit (Eaton Corp PLC), Exhibit (Cooper Wiring Devices, Inc.)
Additional Amounts. If the Securities of a series expressly Series provide for the payment of Additional Amountsadditional amounts, the Company Applicable Issuer will pay to the Holder of any Security of such series Additional Amounts any Series the additional amounts as expressly provided thereinin the terms of the Securities of that Series. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (premium, if any) , or interest on on, or in respect of, any Security of any series Series or the net proceeds received from on the sale or exchange of any Security of any seriesSeries, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (additional amounts, if applicable) , in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series Series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series Series of Securities (or if the Securities of that series Series will not bear interest prior to Maturity, the first day on which a payment of principal principal, and any premium premium, if any, is made), and at least 10 days prior to each date of payment of principal principal, and any premium premium, if any, or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall Applicable Issuer will furnish the Trustee and the Company’s principal Applicable Issuer's Principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of (and any premium premium, if any) or interest on the Securities of that series Series shall be made to Holders of Securities of that series Series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that seriesSeries. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company Issuer will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company Applicable Issuer covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or reasonable expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10Section.
Appears in 2 contracts
Sources: Indenture (Wal Mart Cayman Sterling Finance Co), Indenture (Wal Mart Cayman Sterling Finance Co)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date interest payment date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium Principal of or interest on the Securities of that series if there has been any a change with respect to the matters set forth in the below-mentioned Officers’ Certificate, the Company shall furnish to the Trustee and the Company’s principal Paying Agent or Paying AgentsAgent, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal Principal of and any premium or interest on the Securities of that series shall be made to Holders of the Securities of that series who are United States Aliens without withholding or deduction for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding or deduction shall be required, then such Officers’ Certificate shall specify by country the amount, if any, required to be withheld or deducted on such payments to such Holders of Securities and shall certify the fact that additional amounts will be payable and the amounts so payable to each Holder, and the Company will shall pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required to be paid by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent paying agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10Section. Whenever in this Indenture there is mentioned, in any context, the payment of the Principal of or interest or any other amounts on, or in respect of, any Security of any series, such mention shall be deemed to include mention of the payment of additional amounts provided by the terms of such series established hereby or pursuant hereto to the extent that, in such context, additional amounts are, were or would be payable in respect thereof pursuant to such terms, and express mention of the payment of additional amounts (if applicable) in any provision hereof shall not be construed as excluding the payment of additional amounts in those provisions hereof where such express mention is not made.
Appears in 1 contract
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such series Additional Amounts or any coupon appertaining thereto additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or payment of any related coupon or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall will furnish the Trustee and the Company’s 's principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to one or more Holders of Securities of that series or any related coupons who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities or coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ ' Certificate furnished pursuant to this Section 10.10.Section. ARTICLE ELEVEN
Appears in 1 contract
Sources: Indenture (Heinz H J Co)
Additional Amounts. If the Securities of a series expressly provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of or any Security of such series Additional Amounts or any Coupon appertaining thereto additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or payment of any related Coupon or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall will furnish the Trustee and the Company’s principal 's Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series or any related Coupons who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities and the Company will pay to such Paying Agent the Additional Amounts required by this Section 10.10. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10.,
Appears in 1 contract
Sources: Indenture (Ubs Americas Inc)
Additional Amounts. If (a) The Company and the Securities Initial Purchasers agree that the Holders of a series expressly provide for Registrable Notes will suffer damages if the payment Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of Additional Amountssuch damages with precision. Accordingly, the Company will pay agrees to pay, as liquidated damages, additional amounts in respect of Transfer Restricted Notes ("Additional Amounts") under the Holder of any Security of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 circumstances and to the extent thatset forth below (each of which shall be given independent effect):
(i) if (A) neither the Exchange Offer Registration Statement nor a Shelf Registration Statement is filed with the SEC on or prior to the Filing Date, or (B) notwithstanding that the Company has consummated or will consummate an Exchange Offer, the Company is required to file a Shelf Registration Statement and such Shelf Registration Statement is not filed on or prior to the date required by this Agreement, then commencing on the day after the Filing Date in the case of clause (A) or commencing on the date such Shelf Registration Statement is required to be filed, in such contextthe case of clause (B), Additional Amounts are, were or would shall be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment Transfer Restricted Notes over and above any stated interest at a rate of 0.25% per annum for the first 90 days immediately following the Filing Date or such other date, as the case may be, such Additional Amounts payable increasing by an additional 0.25% per annum at the beginning of each subsequent 90-day period; (ii) if applicable(A) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention neither the Exchange Offer Registration Statement nor a Shelf Registration Statement is not made. If the Securities of a series provide for the payment of Additional Amounts, at least 10 days declared effective on or prior to the first Interest Payment Date with respect Effectiveness Date, or (B) notwithstanding that the Company has consummated or will consummate an Exchange Offer, the Company is required to that series of Securities (file a Shelf Registration Statement and such Shelf Registration Statement is not declared effective by the SEC on or if the Securities of that series will not bear interest prior to Maturitythe 90th day following the date such Shelf Registration Statement was filed, then commencing on the day after such Effectiveness Date in the case of clause (A) or such 90th day in the case of clause (B), Additional Amounts shall be payable in respect of the Transfer Restricted Notes over and above any stated interest at a rate of 0.25% per annum for the first 90 days immediately following the day on which a payment after the Effectiveness Date in the case of principal and any premium is madeclause (A), or such 90th day in case of clause (B), such Additional Amounts payable increasing by an additional 0.25% per annum at the beginning of each subsequent 90-day period; and at least 10 days prior to each (iii) if (A) the Exchange Offer is not consummated within 30 Business Days of the date when the Exchange Offer Registration Statement was declared effective, (B) the Commission shall have issued a stop order suspending the effectiveness of payment of principal and the Exchange Offer Registration Statement or any premium or interest if there has been any change Shelf Registration Statement with respect to the matters set forth in Notes at a time when such Exchange Offer Registration Statement or Shelf Registration Statement, as the below-mentioned Officers’ Certificatecase may be, the Company shall furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Certificate shall specify by country the amount, if any, is required to be withheld on kept effective by the Company, or (C) or at any such payments to time the Prospectus contained in any such Holders of Exchange Offer Registration Statement or Shelf Registration Statement, as amended or supplemented, shall (1) not contain current information required by the Securities Act and the Company will pay rules and regulations promulgated thereunder or (2) contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, then Additional Amounts shall be payable in respect of the Transfer Restricted Notes over and above any stated interest at a rate 0.25% per annum for the first 90 days commencing on (x) the 30th day after such Paying Agent effective date in the case of (A) above or (y) the date of the order suspending effectiveness in the case of clause (B) above or (z) the existence of any of the circumstances described in clause (C) above, such Additional Amounts payable increasing by an additional 0.25% per annum at the beginning of each such subsequent 90-day period; provided, however, that the Additional Amounts on the Transfer Restricted Notes may not exceed in the aggregate 1.0% per annum; provided further that (1) upon the filing of the Exchange Offer Registration Statement or a Shelf Registration Statement (in the case of (i) above), (2) upon the effectiveness of the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be (in the case of (ii) above), or (3)(i) upon the consummation of the Exchange Offer with respect to the Notes (in the case of (iii)(A) above), (ii) the Exchange Offer Registration Statement or Shelf Registration Act with respect to the Notes, as the case may be, not being subject to an order suspending the effectiveness thereof (in the case of (iii)(B) above) or (iii) upon the Prospectus contained in any such Exchange Offer Registration Statement or Shelf Registration containing the current information required by the Securities Act and the rules and regulations promulgated thereunder and the Exchange Offer Registration Statement or Shelf Registration Statement not containing an untrue statement of a material fact or omitting to state a material fact, as the case may be (in the case of (iii)(C) above), Additional Amounts on any Registrable Notes then accruing Additional Amounts as a result of such clause (or the relevant subclause thereof), as the case may be, shall cease to accrue.
(b) The Company shall notify the Trustee within five Business Days after each and every date on which an event occurs in respect of which Additional Amounts are required to be paid (an "Event Date"). Any Additional Amounts due pursuant to (a)(i), (a)(ii) or (a)(iii) of this Section 10.104 will be payable in cash semi-annually on each regular interest payment date specified in the Indenture (to the Holders of Transfer Restricted Notes of record on the regular record date therefor (as specified in the Indenture) immediately preceding such dates), commencing with the first such regular interest payment date occurring after any such Additional Amounts commence to accrue. The Company covenants to indemnify amount of any Additional Amounts will be determined by multiplying the Trustee and any Paying Agent forapplicable Additional Amounts rate by the principal amount of the Notes subject thereto, multiplied by a fraction, the numerator of which is the number of days such Additional Amounts rate was applicable during such period (determined on the basis of a 360-day year comprised of twelve 30-day months), and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct or bad faith on their part arising out the denominator of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10which is 360.
Appears in 1 contract
Sources: Registration Rights Agreement (International Shipholding Corp)
Additional Amounts. If the Securities of a series expressly Series provide for the payment of additional amounts to any Holder who is not a United States Person in respect of any tax, assessment or governmental charge (“Additional Amounts”), the Company will pay to the Holder of any Security of such series Series or any Coupon appertaining thereto such Additional Amounts as expressly may be so provided thereinby Section 2.03. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of, or premium (premium, if any) , or interest on on, or in respect of, any Security of a Series or payment of any series related Coupon or the net proceeds received from on the sale or exchange of any a Security of any seriesa Series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this by the terms of such Series established pursuant to Section 10.10 2.03 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 such terms, and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Except as otherwise specified pursuant to Section 2.03, if the Securities of a series Series provide for the payment of Additional Amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium principal, premium, if any, or interest if there has been on which any change with respect to the matters set forth in the below-mentioned Officers’ CertificateAdditional Amount shall be payable, the Company shall will furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an a Company Officers’ Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium of, premium, if any, or interest on the Securities of that series Series shall be made to Holders of Securities of that series Series or any related Coupons who are not United States Aliens Persons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that seriesSeries. If any such withholding shall be required, then such Company Officers’ Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of that Series or related Coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts required by this Section 10.10the terms of such Securities. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct gross negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Company Officers’ Certificate furnished pursuant to this Section 10.103.06 or in the event the Trustee shall not withhold or deduct any sums as a result of not receiving a Company Officers’ Certificate pursuant to this Section 3.06.
Appears in 1 contract
Sources: Indenture (First Busey Corp /Nv/)
Additional Amounts. If the Securities of a series expressly any Series provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such series Additional Amounts Series or any Coupon appertaining thereto additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal ofof or any premium or interest on, or premium (if any) or interest on in respect of any Security of any series Series or payment of any related Coupon or the net proceeds received from on the sale or exchange of any Security of any seriesSeries, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts context additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. If the Securities of a series any Series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series Securities of Securities such Series (or if the Securities of that series such Series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Officers Certificate, the Company shall will furnish the Trustee and the Company’s Companys principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ Officers Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series such Series shall be made to Holders of Securities of that series such Series or any Coupons appertaining thereto who are United States Aliens without withholding for or on account of any tax, tax assessment or other governmental charge described in the Securities of that seriessuch Series. If any such withholding shall be required, then such Officers’ Officers Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders of Securities of such Series or any Coupons appertaining thereto and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, negligence or willful misconduct or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Officers Certificate furnished pursuant to this Section 10.10Section.
Appears in 1 contract
Sources: Supplemental Indenture (Tosco Corp)
Additional Amounts. (a) If the Securities of a series expressly provide for the payment of Additional Amountsadditional amounts, the Company will pay to the Holder of any Security of such series Additional Amounts or any related Coupon additional amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or payment of any related Coupon or the net proceeds received from on the sale or exchange of any Security of any series, such mention shall be deemed to include mention of the payment of Additional Amounts additional amounts provided for in this Section 10.10 to the extent that, in such context, Additional Amounts additional amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 and express mention of the payment of Additional Amounts additional amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts additional amounts in those provisions hereof where such express mention is not made. .
(b) If the Securities of a series provide for the payment of Additional Amountsadditional amounts, at least 10 days prior to the first Interest Payment Date with respect to that series of Securities (or if the Securities of that series will not bear interest prior to Maturity, the first day on which a payment of principal and any premium is made), and at least 10 days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ Company Officer’s Certificate, the Company shall will furnish the Trustee and the Company’s principal Paying Agent or Paying Agents, if other than the Trustee, with an Officers’ a Company Officer’s Certificate instructing the Trustee and such Paying Agent or Paying Agents whether such payment of principal of and any premium or interest on the Securities of that series shall be made to Holders of Securities of that series who are United States Aliens or any related Coupons without withholding for or on account of any tax, assessment or other governmental charge described in the Securities of that series. If any such withholding shall be required, then such Officers’ Company Officer’s Certificate shall specify by country the amount, if any, required to be withheld on such payments Payments to such Holders of Securities or Coupons and the Company will pay to the Trustee or such Paying Agent the Additional Amounts additional amounts required by this Section 10.10Section. The Company covenants to indemnify the Trustee and any Paying Agent for, and to hold them harmless against against, any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Company Officer’s Certificate furnished pursuant to this Section 10.10Section.
Appears in 1 contract
Additional Amounts. If the Securities Debentures of a series expressly provide for the payment of Additional Amounts, the Company will pay to the Holder holder of any Security Debenture of such series Additional Amounts as expressly provided therein. Whenever in this Indenture there is mentioned, in any context, the payment of the principal of or any premium or interest on, or in respect of, or premium (if any) or interest on any Security of any series or the net proceeds received from the sale or exchange of any Security Debenture of any series, such mention shall be deemed to include mention of the payment of Additional Amounts provided for in this Section 10.10 4.06 to the extent that, in such context, Additional Amounts are, were or would be payable in respect thereof pursuant to the provisions of this Section 10.10 4.06 and express mention of the payment of Additional Amounts (if applicable) in any provisions hereof shall not be construed as excluding Additional Amounts in those provisions hereof where such express mention is not made. If Unless otherwise provided pursuant to Section 2.01 with respect to Debentures of any series, if the Securities Debentures of a series provide for the payment of Additional Amounts, at least 10 ten days prior to the first Interest Payment Date with respect to that series of Securities Debentures (or if the Securities Debentures of that series will not bear interest prior to Maturitythe maturity thereof, the first day on which a payment of principal and any premium is made), and at least 10 ten days prior to each date of payment of principal and any premium or interest if there has been any change with respect to the matters set forth in the below-mentioned Officers’ ' Certificate, the Company shall furnish the Trustee and the Company’s 's principal Paying Agent paying agent or Paying Agentspaying agents, if other than the Trustee, with an Officers’ ' Certificate instructing the Trustee and such Paying Agent paying agent or Paying Agents paying agents whether such payment of principal of and any premium or interest on the Securities Debentures of that series shall be made to Holders holders of Securities Debentures of that series who are United States Aliens without withholding for or on account of any tax, assessment or other governmental charge described in the Securities Debentures of that series. If any such withholding shall be required, then such Officers’ ' Certificate shall specify by country the amount, if any, required to be withheld on such payments to such Holders holders of Securities Debentures and the Company will pay to such Paying Agent paying agent the Additional Amounts required by this Section 10.104.06. The Company covenants to indemnify the Trustee and any Paying Agent for, paying agent for and to hold them harmless against any loss, liability or expense reasonably incurred without negligence, willful misconduct negligence or bad faith on their part arising out of or in connection with actions taken or omitted by any of them in reliance on any Officers’ Certificate furnished pursuant to this Section 10.10.actions
Appears in 1 contract
Sources: Indenture (Centex Trust Ii)