Common use of Amounts Payable Clause in Contracts

Amounts Payable. (a) The Company hereby covenants and agrees to repay the loan, as follows: on or before any Interest Payment Date for the Bonds or any other date that any payment of interest, premium, if any, or principal or Purchase Price is required to be made in respect of the Bonds pursuant to the Indenture, until the principal of, premium, if any, and interest on the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (whether at maturity or upon redemption or acceleration or otherwise), premium, if any, and interest on the Bonds as provided in the Indenture; provided, however, that the obligation of the Company to make any payment hereunder shall be deemed satisfied and discharged to the extent of the corresponding payment made by a Credit Provider (if any) to the Trustee under a Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Rate, each of the Company and ITT Holdings LLC agrees to pay (or cause to pay) the Purchase Price on the Bonds when due pursuant to Sections 4.01 and 4.02 of the Indenture. It is understood and agreed that all payments payable by or on behalf of the Company under subsection (a) of this Section 4.02 are assigned by the Issuer to the Trustee for the benefit of the Owners of the Bonds. Each of the Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection.

Appears in 4 contracts

Samples: Loan Agreement (Macquarie Infrastructure Corp), Loan Agreement (Macquarie Infrastructure Corp), Loan Agreement (Macquarie Infrastructure Corp)

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Amounts Payable. (a) The Company hereby covenants and agrees to repay the loan, as follows: on or before any Interest Payment Date for the Bonds or any other date that any payment of interest, premium, if any, or principal or Purchase Price is required to be made in respect of the Bonds pursuant to the Indenture, until the principal of, premium, if any, and interest on the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (whether at maturity or upon redemption or acceleration or otherwise), premium, if any, and interest on the Bonds as provided in the Indenture; provided, however, that the obligation of the Company to make any payment hereunder shall be deemed satisfied and discharged to the extent of the corresponding payment made by a Credit Provider (if any) the Bank to the Trustee under a Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Rate, each of the Company and ITT Holdings LLC agrees to pay (or cause to pay) the Purchase Price on the Bonds when due pursuant to Sections 4.01 and 4.02 of the IndentureCredit. It is understood and agreed that all payments payable by or on behalf of the Company under subsection (a) of this Section 4.02 4.2 are assigned by the Issuer to the Trustee for the benefit of the Owners of the Bonds. Each of the The Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, agrees to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection.

Appears in 2 contracts

Samples: Loan Agreement (Exactech Inc), Loan Agreement (Heico Corp)

Amounts Payable. (a) The Company hereby covenants and agrees to repay the loan, as follows: on or before any Interest Payment Date for the Bonds or any other date that any payment of interest, premium, if any, or principal or Purchase Price is required to be made in respect of the Bonds pursuant to the Indenture, until the principal of, premium, if any, and interest on the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (whether at maturity or upon redemption or acceleration or otherwise), premium, if any, and interest on the Bonds as provided in the Indenture; provided, however, that the obligation of the Company to make any payment hereunder shall be deemed satisfied and discharged to the extent of the corresponding payment made by a the Credit Provider (if any) to the Trustee under a the Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any)Facility. While the Bonds bear interest at a Bank Rate, each of the The Company and ITT Holdings LLC agrees covenants to pay (or cause to pay) the Purchase Price make all payments on the Bonds Note, as and when due pursuant to Sections 4.01 and 4.02 of the Indenturesame become due. It is understood and agreed that all payments payable by or on behalf of the Company under subsection (a) of this Section 4.02 and under the Note are assigned by the Issuer to the Trustee for the benefit of the Owners of the Bonds. Each of the The Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, agrees to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection.

Appears in 2 contracts

Samples: Loan Agreement (Flanders Corp), Loan Agreement (Flanders Corp)

Amounts Payable. (a) The Company hereby covenants and agrees to repay the loan, as follows: on or before any Interest Payment Date for the Bonds or any other date that any payment of interest, premium, if any, or principal or Purchase Price is required to be made in respect of the Bonds pursuant to the Indenture, until the principal of, premium, if any, and interest on the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (whether at maturity or upon redemption or acceleration or otherwise), premium, if any, and interest on the Bonds as provided in the Indenture; provided, however, that the obligation of the Company to make any payment hereunder shall be deemed satisfied and discharged to the extent of the corresponding payment made by a Credit Provider (if any) to the Trustee under a Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Rate, each of the Company and ITT Holdings LLC agrees to pay (or cause to pay) the Purchase Price on the Bonds when due pursuant to Sections Section 4.01 and 4.02 of the Indenture. It is understood and agreed that all payments payable by or on behalf of the Company under subsection (a) of this Section 4.02 are assigned by the Issuer to the Trustee for the benefit of the Owners of the Bonds. Each of the The Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, agrees to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection.

Appears in 2 contracts

Samples: Loan Agreement (Macquarie Infrastructure CO LLC), Loan Agreement (Macquarie Infrastructure CO LLC)

Amounts Payable. (a) The Company hereby covenants and agrees to repay the loanLoan, as follows: on or before the Business Day preceding any Interest Payment Date interest payment date for the Series J Bonds or any other date that any payment of interest, premium, if any, or principal or Purchase Price is required to be made in respect of the Series J Bonds pursuant to the Indenture, until the principal of, premium, if any, and interest on the Series J Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (whether at maturity or upon redemption or acceleration or otherwise), premium, if any, and interest on the Series J Bonds as provided in the Indenture; provided, however, that the obligation of the Company to make any payment hereunder shall be deemed satisfied and discharged to the extent of the corresponding payment made by a Credit Provider (if any) to the Trustee under a Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Rate, each of the Company and ITT Holdings LLC agrees to pay (or cause to pay) the Purchase Price on the Bonds when due pursuant to Sections 4.01 and 4.02 of the Indenture. It is understood and agreed that all payments payable by or on behalf of the Company under subsection (a) of this Section 4.02 4.2 are assigned by the Issuer to the Trustee for the benefit of the Owners of the Bonds. Each of the The Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, agrees to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection. Payments by the Company to the Trustee as aforesaid or as otherwise required pursuant to this Agreement or the other Loan Documents shall be sufficient to discharge the obligation of the Company with respect to the amounts so paid, and the Company shall not be liable to the Issuer, the Owners or to any other party by reason of the failure of the Trustee to remit such amounts to the Owners, or otherwise to apply such amounts, as provided in the Indenture.

Appears in 2 contracts

Samples: Series J Loan Agreement (NPR Inc), Series J Loan Agreement (Sjit Inc)

Amounts Payable. (a) The Company hereby covenants and agrees shall pay to repay the loanIssuer as Rent, as follows: in immediately available funds, on or before the fifth day preceding any Interest Payment Date interest payment date for the Bonds or preceding any other date that any payment of interest, premium, if any, or principal or Purchase Price is required to be made in respect of the Bonds pursuant to the Indenture, until the principal of, premium, if any, and interest on the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys the balance on deposit in the Bond Fund established under the Indenture (taking into account interest earnings on such Rent until the same is disbursed) and available for such payment in any account of the Bond Fundpurpose, will enable the Trustee shall be sufficient to pay the amount payable Aggregate Debt Service that is due on such date as Purchase Price or principal of (whether at maturity or upon redemption or acceleration or otherwise)date, premium, if any, and interest on the Bonds as provided in the Indenture; provided, however, that the obligation of . All Rent shall be paid directly by the Company to make any payment hereunder shall be deemed satisfied and discharged to in the extent of the corresponding payment made by a Credit Provider (if any) to the Trustee under a Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Rate, each of the Company and ITT Holdings LLC agrees to pay (or cause to pay) the Purchase Price on the Bonds when due pursuant to Sections 4.01 and 4.02 of the Indenturefull amounts stipulated herein. It is understood and agreed that all payments of Rent payable by or on behalf of the Company under subsection (a) of this Section 4.02 6.1 are assigned by the Issuer to the Trustee for the benefit of the Owners of the Bonds. Each of the The Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, agrees to pay to the Trustee at the Principal Office of the Trustee all Rent payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection. Payments by the Company to the Trustee as aforesaid or as otherwise required pursuant to this Agreement or the other Lease Documents, including, but not limited to, payments to redeem or defease the Bonds as provided in Section 10.3, shall be sufficient to discharge the obligation of the Company with respect to the amounts so paid, and the Company shall not be liable to the Issuer, the Owners or to any other party by reason of the failure of the Trustee to remit such amounts to the Owners, or otherwise to apply such amounts, as provided in the Indenture. The Company further acknowledges that it has received a copy of the Indenture as in effect on the date of execution and delivery of this Agreement and agrees to all of the terms and conditions set forth therein.

Appears in 1 contract

Samples: Lease Agreement (Sjit Inc)

Amounts Payable. (a) The Company hereby covenants and agrees to repay pay to the loanTrustee, as follows: assignee of the Issuer, in funds which will be immediately available on or before any Interest Payment Date for the Bonds or any other date that any day payment of interestis due, from time to time as the amount owed hereunder, including interest thereon (which interest obligation shall equal the interest and premium, if any, on the Bonds), amounts which, and at or principal or Purchase Price is required before times which, shall correspond (i) to be made the payments in respect of the Bonds pursuant to the Indenture, until the principal of, of and premium, if any, and interest on the Bonds whenever and in whatever manner the same shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (become due whether at maturity or stated maturity, upon redemption or acceleration or otherwise), premiumand (ii) the purchase price of the Bonds required or permitted to be purchased under the Indenture. If (i) at the date any payment on the Bonds is due, available moneys are held by the Trustee under the Indenture which are not being held for the payment of Bonds due and payable but which have not been presented for payment, or (ii) on any date on which Bonds are to be purchased pursuant to Section 4.02 of the Indenture, there are any available moneys held for the payment of the purchase price which are not being held for the purchase of Bonds which have not been presented for purchase pursuant to Section 6 of the form of Bonds, then, in each case, such moneys shall be credited against the payment then due hereunder, first in respect of interest on the amount then due and owing xxxxxxxxx and then, to the extent of remaining moneys, in respect of principal on the amount then due and owing hereunder. The Company will also pay: (i) the fees, charges and reasonable expenses of the Trustee, any paying agents and the Remarketing Agent under the Indenture, such fees, charges, and reasonable expenses to be paid directly to the Trustee, paying agents and Remarketing Agent for their respective accounts as and when such fees, charges and reasonable expenses become due and payable, (ii) any expenses and costs incurred or to be incurred by virtue of the issuance of the Bonds, (iii) any expenses in connection with any redemption of the Bonds, and (iv) any expenses in connection with the redemption of the Series E Bonds. The Company also agrees that, on or before the date of redemption of the Series E Bonds, it will pay to the Series E Trustee for deposit into the Bond Fund held by the Series E Trustee in connection with the Series E Bonds, an amount of funds which, when added to the proceeds of the Bonds (other than proceeds, if any, and interest on representing accrued interest), the Bonds as provided in the Indenture; provided, however, that the obligation proceeds of the Company to make any payment hereunder shall be deemed satisfied and discharged to the extent of the corresponding payment made by a Credit Provider (if any) to the Trustee under a Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Rate, each of the Company and ITT Holdings LLC agrees to pay (or cause to pay) the Purchase Price on the Bonds when due pursuant to Sections 4.01 and 4.02 of the Indenture. It is understood and agreed that all payments payable by or on behalf of the Company under subsection (a) of this Section 4.02 are assigned by the Issuer to the Trustee for the benefit of the Owners of the Bonds. Each of the Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection.1995

Appears in 1 contract

Samples: Installment Sale Agreement (Alabama Power Co)

Amounts Payable. (a) The Company hereby covenants and agrees to repay the loan, as follows: on or before any Interest Payment Date for the Bonds or any other date that any payment of interest, premium, if any, or principal or Purchase Price is required to be made in respect of the Bonds pursuant to the Indenture, until the principal of, premium, if any, and interest on the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (whether at maturity or upon redemption or acceleration or otherwise), premium, if any, and interest on the Bonds as provided in the Indenture; provided, however, that the obligation of the Company to make any payment hereunder shall be deemed satisfied and discharged to the extent of the corresponding payment made by a the Credit Provider (if any) to the Trustee under a the Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Rate, each of the Company and ITT Holdings LLC agrees to pay (or cause to pay) the Purchase Price on the Bonds when due pursuant to Sections 4.01 and 4.02 of the Indenture. It is understood and agreed that all payments payable by or on behalf of the Company under subsection (a) of this Section 4.02 are assigned by the Issuer to the Trustee for the benefit of the Owners of the Bonds. Each of the The Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, agrees to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection.

Appears in 1 contract

Samples: Loan Agreement (Macquarie Infrastructure CO LLC)

Amounts Payable. (a) The Company hereby covenants and agrees to repay pay to the loanTrustee, as follows: assignee of the Issuer, in funds which will be immediately available on or before any Interest Payment Date for the Bonds or any other date that any day payment of interestis due, from time to time as the amount owed hereunder, including interest thereon (which interest obligation shall equal the interest and premium, if any, on the Bonds), amounts which, and at or principal or Purchase Price is required before times which, shall correspond (i) to be made the payments in respect of the Bonds pursuant to the Indenture, until the principal of, of and premium, if any, and interest on the Bonds whenever and in whatever manner the same shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (become due whether at maturity or stated maturity, upon redemption or acceleration or otherwise), premiumand (ii) the purchase price of the Bonds required or permitted to be purchased under the Indenture. If (i) at the date any payment on the Bonds is due, available moneys are held by the Trustee under the Indenture which are not being held for the payment of Bonds due and payable but which have not been presented for payment, or (ii) on any date on which Bonds are to be purchased pursuant to Section 4.02 of the Indenture, there are any available moneys held for the payment of the purchase price which are not being held for the purchase of Bonds which have not been presented for purchase pursuant to Section 6 of the form of Bonds, then, in each case, such moneys shall be credited against the payment then due hereunder, first in respect of interest on the amount then due and owing hereunder and then, to the extent of remaining moneys, in respect of pxxxxxxxx on the amount then due and owing hereunder. The Company will also pay: (i) the fees, charges and reasonable expenses of the Trustee, the paying agent and the Remarketing Agent under the Indenture, such fees, charges, and reasonable expenses to be paid directly to the Trustee, the paying agent and the Remarketing Agent for their respective accounts as and when such fees, charges and reasonable expenses become due and payable, (ii) any expenses and costs incurred or to be incurred by virtue of the issuance of the Bonds, (iii) any expenses in connection with any redemption of the Bonds, and (iv) any expenses in connection with the redemption of the Series 1994 Bonds. The Company also agrees that, on or before the date of redemption of the Series 1994 Bonds, it will pay to the Series 1994 Trustee for deposit into the Bond Fund held by the Series 1994 Trustee in connection with the Series 1994 Bonds, an amount of funds which, when added to the proceeds of the Bonds, the Series 1999-A Bonds and the Series 1999-B Bonds (other than proceeds, if any, representing accrued interest), plus any investment earnings thereon, and any other funds available for such purpose, will be sufficient to permit the Series 1994 Trustee to pay the principal of, premium and accrued interest on the Series 1994 Bonds as provided in upon their redemption, which shall occur no later than 90 days after the Indenture; provided, however, that the obligation date of the Company to make any payment hereunder shall be deemed satisfied and discharged to the extent of the corresponding payment made by a Credit Provider (if any) to the Trustee under a Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Rate, each of the Company and ITT Holdings LLC agrees to pay (or cause to pay) the Purchase Price on the Bonds when due pursuant to Sections 4.01 and 4.02 of the Indenture. It is understood and agreed that all payments payable by or on behalf of the Company under subsection (a) of this Section 4.02 are assigned by the Issuer to the Trustee for the benefit of the Owners issuance of the Bonds. Each of the Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection.

Appears in 1 contract

Samples: Sale Agreement (Alabama Power Co)

Amounts Payable. (a) The Company hereby covenants and agrees to repay the loanLoan, as follows: on or before the Business Day preceeding any Interest Payment Date interest payment date for the Series H Bonds or any other date that any payment of interest, premium, if any, or principal or Purchase Price is required to be made in respect of the Series H Bonds pursuant to the Indenture, until the principal of, premium, if any, and interest on the Series H Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indentureindenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (whether at maturity or upon redemption or acceleration or otherwise), premium, if any, and interest on the Series H Bonds as provided in the Indenture; provided, however, that the obligation of the Company to make any payment hereunder shall be deemed satisfied and discharged to the extent of the corresponding payment made by a Credit Provider (if any) to the Trustee under a Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Rate, each of the Company and ITT Holdings LLC agrees to pay (or cause to pay) the Purchase Price on the Bonds when due pursuant to Sections 4.01 and 4.02 of the Indenture. It is understood and agreed that all payments payable by or on behalf of the Company under subsection (a) of this Section 4.02 4.2 are assigned by the Issuer to the Trustee for the benefit of the Owners of the Bonds. Each of the The Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, agrees to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection. Payments by the Company to the Trustee as aforesaid or as otherwise required pursuant to this Agreement or the other Loan Documents shall be sufficient to discharge the obligation of the Company with respect to the amounts so paid, and the Company shall not be liable to the Issuer, the Owners or to any other party by reason of the failure of the Trustee to remit such amounts to the Owners, or otherwise to apply such amounts, as provided in the Indenture.

Appears in 1 contract

Samples: Series H Loan Agreement (Sjit Inc)

Amounts Payable. (a) The Company hereby covenants and agrees shall pay to repay the loanTrustee, as follows: on or before any Interest Payment Date for the Bonds or any other date that any payment account of interestthe Issuer, premium, if any, or an amount equal to the aggregate principal or Purchase Price is required to be made in respect amount of the Bonds pursuant Outstanding and, as interest on its obligation to pay such amount, an amount equal to interest on the IndentureBonds, until such amounts to be paid in installments due on the dates, in the amounts and in the manner provided in the Indenture for the Issuer to cause amounts to be deposited in the Bond Fund, for the payment of the principal of, premium, if any, of and interest on the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the IndentureBonds, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (whether at maturity or maturity, upon redemption or acceleration or otherwise), premium, if any, and interest on the Bonds as provided in the Indentureacceleration; provided, however, that the obligation of the Company to make any such payment hereunder shall be deemed satisfied and discharged to reduced by the extent amount of any reduction under the Indenture of the amount of the corresponding payment required to be made by a Credit Provider (if any) to the Trustee under a Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any)Issuer thereunder. While the Bonds Any overdue payment will bear interest at a Bank Raterate equal to the rate or rates borne by the Bonds from the date payment is due until payment is made in full. During any Short Term Period or Commercial Paper Period, each the Company may provide for the payment of the principal of the Bonds, upon maturity, redemption or acceleration, and provide for payment of the interest on the Bonds, by the delivery of the Credit Facility to the Trustee. The Company hereby authorizes and ITT Holdings LLC agrees directs the Trustee to draw moneys under the Credit Facility in accordance with the provisions of the Indenture to the extent necessary to pay (or cause to pay) the Purchase Price principal of and interest on the Bonds when due pursuant due. All moneys drawn under the Credit Facility to Sections 4.01 pay the principal of and 4.02 interest on the Bonds shall be credited against the obligation of the IndentureCompany to make payments under this Section 4.1(a) and under the Note. It is understood and agreed that all payments payable by or on behalf The obligations of the Company under subsection (a) of this Section 4.02 4.1(a) are assigned evidenced by the Issuer to the Trustee for the benefit of the Owners of the Bonds. Each of the Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsectionNote.

Appears in 1 contract

Samples: Loan Agreement (Madison Gas & Electric Co)

Amounts Payable. (a) The Company hereby covenants and agrees to repay pay to the loanTrustee, as follows: assignee of the Issuer, in funds which will be immediately available on or before any Interest Payment Date for the Bonds or any other date that any day payment of interestis due, from time to time as the amount owed hereunder, including interest thereon (which interest obligation shall equal the interest and premium, if any, on the Bonds), amounts which, and at or principal or Purchase Price is required before times which, shall correspond (i) to be made the payments in respect of the Bonds pursuant to the Indenture, until the principal of, of and premium, if any, and interest on the Bonds whenever and in whatever manner the same shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (become due whether at maturity or stated maturity, upon redemption or acceleration or otherwise), premiumand (ii) the purchase price of the Bonds required or permitted to be purchased under the Indenture. If (i) at the date any payment on the Bonds is due, available moneys are held by the Trustee under the Indenture which are not being held for the payment of Bonds due and payable but which have not been presented for payment, or (ii) on any date on which Bonds are to be purchased pursuant to Section 4.02 of the Indenture, there are any available moneys held for the payment of the purchase price which are not being held for the purchase of Bonds which have not been presented for purchase pursuant to Section 6 of the form of Bonds, then, in each case, such moneys shall be credited against the payment then due hereunder, first in respect of interest on the amount then due and owing hereunder and then, to the extent of remaining moneys, in respect of prxxxxxxx xn the amount then due and owing hereunder. The Company will also pay: (i) the fees, charges and reasonable expenses of the Trustee, the paying agent and the Remarketing Agent under the Indenture, such fees, charges, and reasonable expenses to be paid directly to the Trustee, the paying agent and the Remarketing Agent for their respective accounts as and when such fees, charges and reasonable expenses become due and payable, (ii) any expenses and costs incurred or to be incurred by virtue of the issuance of the Bonds, (iii) any expenses in connection with any redemption of the Bonds, and (iv) any expenses in connection with the redemption of the Series 1994 Bonds. The Company also agrees that, on or before the date of redemption of the Series 1994 Bonds, it will pay to the Series 1994 Trustee for deposit into the Bond Fund held by the Series 1994 Trustee in connection with the Series 1994 Bonds, an amount of funds which, when added to the proceeds of the Bonds, the Series 1999-A Bonds and the Series 1999-C Bonds (other than proceeds, if any, representing accrued interest), plus any investment earnings thereon, and any other funds available for such purpose, will be sufficient to permit the Series 1994 Trustee to pay the principal of, premium and accrued interest on the Series 1994 Bonds as provided in upon their redemption, which shall occur no later than 90 days after the Indenture; provided, however, that the obligation date of the Company to make any payment hereunder shall be deemed satisfied and discharged to the extent of the corresponding payment made by a Credit Provider (if any) to the Trustee under a Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Rate, each of the Company and ITT Holdings LLC agrees to pay (or cause to pay) the Purchase Price on the Bonds when due pursuant to Sections 4.01 and 4.02 of the Indenture. It is understood and agreed that all payments payable by or on behalf of the Company under subsection (a) of this Section 4.02 are assigned by the Issuer to the Trustee for the benefit of the Owners issuance of the Bonds. Each of the Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection.

Appears in 1 contract

Samples: Sale Agreement (Alabama Power Co)

Amounts Payable. (a) The Company hereby covenants and agrees to repay pay to the loanTrustee, as follows: assignee of the Issuer, in funds which will be immediately available on or before any Interest Payment Date for the Bonds or any other date that any day payment of interestis due, from time to time as the amount owed hereunder, including interest thereon (which interest obligation shall equal the interest and premium, if any, on the Bonds), amounts which, and at or principal or Purchase Price is required before times which, shall correspond (i) to be made the payments in respect of the Bonds pursuant to the Indenture, until the principal of, of and premium, if any, and interest on the Bonds whenever and in whatever manner the same shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (become due whether at maturity or stated maturity, upon redemption or acceleration or otherwise), premiumand (ii) the purchase price of the Bonds required or permitted to be purchased under the Indenture. If (i) at the date any payment on the Bonds is due, available moneys are held by the Trustee under the Indenture which are not being held for the payment of Bonds due and payable but which have not been presented for payment, or (ii) on any date on which Bonds are to be purchased pursuant to Section 4.02 of the Indenture, there are any available moneys held for the payment of the purchase price which are not being held for the purchase of Bonds which have not been presented for purchase pursuant to Section 6 of the form of Bonds, then, in each case, such moneys shall be credited against the payment then due hereunder, first in respect of interest on the amount then due and owing hereunder and then, to the extent of remaining moneys, in respect of prixxxxxx xx the amount then due and owing hereunder. The Company will also pay: (i) the fees, charges and reasonable expenses of the Trustee, any paying agents and the Remarketing Agent under the Indenture, such fees, charges, and reasonable expenses to be paid directly to the Trustee, paying agents and Remarketing Agent for their respective accounts as and when such fees, charges and reasonable expenses become due and payable, (ii) any expenses and costs incurred or to be incurred by virtue of the issuance of the Bonds, (iii) any expenses in connection with any redemption of the Bonds, and (iv) any expenses in connection with the redemption of the Series G Bonds. The Company also agrees that, on or before the date of redemption of the Series G Bonds, it will pay to the Series G Trustee for deposit into the Bond Fund held by the Series G Trustee in connection with the Series G Bonds, an amount of funds which, when added to the proceeds of the Bonds (other than proceeds, if any, representing accrued interest), plus any investment earnings thereon, and any other funds available for such purpose, will be sufficient to permit the Series G Trustee to pay the principal of, premium and accrued interest on the Series G Bonds as provided in the Indenture; providedupon their redemption, however, that the obligation of the Company to make any payment hereunder which shall be deemed satisfied and discharged to the extent of the corresponding payment made by a Credit Provider (if any) to the Trustee under a Credit Facility (if any) on or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Ratebefore February 11, each of the Company and ITT Holdings LLC agrees to pay (or cause to pay) the Purchase Price on the Bonds when due pursuant to Sections 4.01 and 4.02 of the Indenture. It is understood and agreed that all payments payable by or on behalf of the Company under subsection (a) of this Section 4.02 are assigned by the Issuer to the Trustee for the benefit of the Owners of the Bonds. Each of the Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection1997.

Appears in 1 contract

Samples: Sale Agreement (Alabama Power Co)

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Amounts Payable. (a) The Company hereby covenants and agrees to repay pay to the loanTrustee, as follows: assignee of the Issuer, in funds which will be immediately available on or before any Interest Payment Date for the Bonds or any other date that any day payment of interestis due, from time to time as the amount owed hereunder, including interest thereon (which interest obligation shall equal the interest and premium, if any, on the Bonds), amounts which, and at or principal or Purchase Price is required before times which, shall correspond (i) to be made the payments in respect of the Bonds pursuant to the Indenture, until the principal of, of and premium, if any, and interest on the Bonds whenever and in whatever manner the same shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (become due whether at maturity or stated maturity, upon redemption or acceleration or otherwise), premiumand (ii) the purchase price of the Bonds required or permitted to be purchased under the Indenture. If (i) at the date any payment on the Bonds is due, available moneys are held by the Trustee under the Indenture which are not being held for the payment of Bonds due and payable but which have not been presented for payment, or (ii) on any date on which Bonds are to be purchased pursuant to Section 4.02 of the Indenture, there are any available moneys held for the payment of the purchase price which are not being held for the purchase of Bonds which have not been presented for purchase pursuant to Section 6 of the form of Bonds, then, in each case, such moneys shall be credited against the payment then due hereunder, first in respect of interest on the amount then due and owing hereunder and then, to the extent of remaining monexx, xx xxspect of principal on the amount then due and owing hereunder. The Company will also pay: (i) the fees, charges and reasonable expenses of the Trustee, any paying agents and the Remarketing Agent under the Indenture, such fees, charges, and reasonable expenses to be paid directly to the Trustee, paying agents and Remarketing Agent for their respective accounts as and when such fees, charges and reasonable expenses become due and payable, (ii) any expenses and costs incurred or to be incurred by virtue of the issuance of the Bonds, (iii) any expenses in connection with any redemption of the Bonds, and (iv) any expenses in connection with the redemption of the Series E Bonds. The Company also agrees that, on or before the date of redemption of the Series E Bonds, it will pay to the Series E Trustee for deposit into the Bond Fund held by the Series E Trustee in connection with the Series E Bonds, an amount of funds which, when added to the proceeds of the Bonds (other than proceeds, if any, and interest on representing accrued interest), the Bonds as provided in the Indenture; provided, however, that the obligation proceeds of the Company to make any payment hereunder shall be deemed satisfied and discharged to the extent of the corresponding payment made by a Credit Provider (if any) to the Trustee under a Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Rate, each of the Company and ITT Holdings LLC agrees to pay (or cause to pay) the Purchase Price on the Bonds when due pursuant to Sections 4.01 and 4.02 of the Indenture. It is understood and agreed that all payments payable by or on behalf of the Company under subsection (a) of this Section 4.02 are assigned by the Issuer to the Trustee for the benefit of the Owners of the Bonds. Each of the Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection.1995

Appears in 1 contract

Samples: Installment Sale Agreement (Alabama Power Co)

Amounts Payable. (a) The Company hereby covenants and agrees to repay pay to the loanTrustee, as follows: assignee of the Board, in funds which will be immediately available on or before any Interest Payment Date for the Bonds or any other date that any day payment of interestis due, from time to time as the amount owed hereunder, including interest thereon (which interest obligation shall equal the interest and premium, if any, on the Bonds), amounts which, and at or principal or Purchase Price is required before times which, shall correspond (i) to be made the payments in respect of the Bonds pursuant to the Indenture, until the principal of, of and premium, if any, and interest on the Bonds whenever and in whatever manner the same shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (become due whether at maturity or stated maturity, upon redemption or acceleration or otherwise), premium, if any, and (ii) the purchase price of the Bonds required or permitted to be purchased under the Indenture. If (i) at the date any payment on the Bonds is due, available moneys are held by the Trustee under the Indenture which are not being held for the payment of Bonds due and payable but which have not been presented for payment, or (ii) on any date on which Bonds are to be purchased pursuant to Section 4.02 of the Indenture, there are any available moneys held for the payment of the purchase price which are not being held for the purchase of Bonds which have not been presented for purchase pursuant to Section 6 of the form of Bonds, then, in each case, such moneys shall be credited against the payment then due hereunder, first in respect of interest on the Bonds as provided in the Indenture; providedamount then due and owing hereunder and then, however, that the obligation of the Company to make any payment hereunder shall be deemed satisfied and discharged to the extent of remaining moneys, in respect of principal on the corresponding payment made by a Credit Provider amount then due and owing hereunder. The Company will also pay: (if anyi) the fees, charges and reasonable expenses of the Trustee, the paying agent and the Remarketing Agent under the Indenture, such fees, charges, and reasonable expenses to be paid directly to the Trustee under a Credit Facility Trustee, the paying agent and the Remarketing Agent for their respective accounts as and when such fees, charges and reasonable expenses become due and payable, (if anyii) any expenses and costs incurred or to be incurred by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Rate, each virtue of the issuance of the Bonds, and (iii) any expenses in connection with any redemption of the Bonds. The Company and ITT Holdings LLC agrees may direct the Trustee to pay (or cause use moneys in the Bond Fund to pay) the Purchase Price on the redeem Bonds when due prior to maturity pursuant to Sections 4.01 and 4.02 Section 3.01 of the Indenture or to purchase Bonds at any time for cancellation in the manner provided in Section 4.05 of the Indenture. It Notwithstanding any other provision hereof, the Company shall have, and is understood hereby granted the option, exercisable at its sole discretion, to prepay all amounts due and agreed that all payments payable owing by or on behalf it hereunder and under the Indenture by depositing sufficient moneys with the Trustee in accordance with the terms of the Company under subsection (a) of this Section 4.02 are assigned by the Issuer to the Trustee for the benefit of the Owners of the Bonds. Each of the Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsectionIndenture.

Appears in 1 contract

Samples: Installment Sale Agreement (Southern Power Co)

Amounts Payable. (a) The Company hereby covenants and agrees to repay the loan, as follows: on or before any Interest Payment Date for the Bonds or any other date that any payment of interest, premium, if any, or principal or Purchase Price is required to be made in respect of the Bonds pursuant to the Indenture, until the principal of, premium, if any, and interest on the Bonds or the Purchase Price of Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (whether at maturity or upon redemption or acceleration or otherwise), premium, if any, and interest on the Bonds as provided in the Indenture; provided, however, that the obligation of the Company to make any payment hereunder shall be deemed satisfied and discharged to the extent of the corresponding payment made by a Credit Provider (if any) the Bank to the Trustee under a Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Rate, each of the Company and ITT Holdings LLC agrees to pay (or cause to pay) the Purchase Price on the Bonds when due pursuant to Sections 4.01 and 4.02 of the IndentureCredit. It is understood and agreed that all payments payable by or on behalf of the Company under subsection (a) of this Section 4.02 4.2 are assigned by the Issuer to the Trustee for the benefit of the Owners of the Bonds. Each of the The Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC Company, and the Company and ITT Holdings LLC hereby agree, agrees to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection.

Appears in 1 contract

Samples: Loan Agreement (Lesco Inc/Oh)

Amounts Payable. (a) The Company hereby covenants and agrees to repay the loanLoan, as follows: on or before the Business Day preceding any Interest Payment Date interest payment date for the Series G Bonds or any other date that any payment of interest, premium, if any, or principal or Purchase Price is required to be made in respect of the Series G Bonds pursuant to the Indenture, until the principal of, premium, if any, and interest on the Series G Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (whether at maturity or upon redemption or acceleration or otherwise), premium, if any, and interest on the Series G Bonds as provided in the Indenture; provided, however, that the obligation of the Company to make any payment hereunder shall be deemed satisfied and discharged to the extent of the corresponding payment made by a Credit Provider (if any) to the Trustee under a Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Rate, each of the Company and ITT Holdings LLC agrees to pay (or cause to pay) the Purchase Price on the Bonds when due pursuant to Sections 4.01 and 4.02 of the Indenture. It is understood and agreed that all payments payable by or on behalf of the Company under subsection (a) of this Section 4.02 4.2 are assigned by the Issuer to the Trustee for the benefit of the Owners of the Bonds. Each of the The Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, agrees to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection. Payments by the Company to the Trustee as aforesaid or as otherwise required pursuant to this Agreement or the other Loan Documents shall be sufficient to discharge the obligation of the Company with respect to the amounts so paid, and the Company shall not be liable to the Issuer, the Owners or to any other party by reason of the failure of the Trustee to remit such amounts to the Owners, or otherwise to apply such amounts, as provided in the Indenture.

Appears in 1 contract

Samples: Loan Agreement (Sjit Inc)

Amounts Payable. (a) The Company hereby covenants and agrees to repay the loan, as follows: on or before any Interest Payment Date for the Bonds or any other date that any payment of interest, premium, if any, or principal or Purchase Price is required to be made in respect of the Bonds pursuant to the Indenture, until the principal of, premium, if any, and interest on the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (whether at maturity or upon redemption or acceleration or otherwise), premium, if any, and interest on the Bonds as provided in the Indenture; provided, however, that the obligation of the Company to make any payment hereunder shall be deemed satisfied and discharged to the extent of the corresponding payment made by a Credit Provider (if any) to the Trustee under a Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Rate, each of the Company and ITT Holdings LLC agrees to pay (or cause to pay) the Purchase Price on the Bonds when due pursuant to Sections 4.01 and 4.02 of the Indenture. It is understood and agreed that all payments payable by or on behalf of the Company under subsection (a) of this Section 4.02 are assigned by the Issuer Authority to the Trustee for the benefit of the Owners of the Bonds. Each of the Company and ITT Holdings LLC assents to such assignment. The Issuer Authority hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, agree to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection.

Appears in 1 contract

Samples: Loan Agreement (Macquarie Infrastructure Corp)

Amounts Payable. (a) The Company hereby covenants and agrees to repay pay to the loanTrustee, as follows: assignee of the Issuer, in funds which will be immediately available on or before any Interest Payment Date for the Bonds or any other date that any day payment of interestis due, from time to time as the amount owed hereunder, including interest thereon (which interest obligation shall equal the interest and premium, if any, on the Bonds), amounts which, and at or principal or Purchase Price is required before times which, shall correspond (i) to be made the payments in respect of the Bonds pursuant to the Indenture, until the principal of, of and premium, if any, and interest on the Bonds whenever and in whatever manner the same shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (become due whether at maturity or stated maturity, upon redemption or acceleration or otherwise), premiumand (ii) the purchase price of the Bonds required or permitted to be purchased under the Indenture. If (i) at the date any payment on the Bonds is due, available moneys are held by the Trustee under the Indenture which are not being held for the payment of Bonds due and payable but which have not been presented for payment, or (ii) on any date on which Bonds are to be purchased pursuant to Section 4.02 of the Indenture, there are any available moneys held for the payment of the purchase price which are not being held for the purchase of Bonds which have not been presented for purchase pursuant to Section 6 of the form of Bonds, then, in each case, such moneys shall be credited against the payment then due hereunder, first in respect of interest on the amount then due and owing hereunder and then, to the extent of remaining moneys, in respect of prxxxxxxx xn the amount then due and owing hereunder. The Company will also pay: (i) the fees, charges and reasonable expenses of the Trustee, the paying agent and the Remarketing Agent under the Indenture, such fees, charges, and reasonable expenses to be paid directly to the Trustee, the paying agent and the Remarketing Agent for their respective accounts as and when such fees, charges and reasonable expenses become due and payable, (ii) any expenses and costs incurred or to be incurred by virtue of the issuance of the Bonds, (iii) any expenses in connection with any redemption of the Bonds, and (iv) any expenses in connection with the redemption of the Series 1994 Bonds. The Company also agrees that, on or before the date of redemption of the Series 1994 Bonds, it will pay to the Series 1994 Trustee for deposit into the Bond Fund held by the Series 1994 Trustee in connection with the Series 1994 Bonds, an amount of funds which, when added to the proceeds of the Bonds, the Series 1999-B Bonds and the Series 1999-C Bonds (other than proceeds, if any, representing accrued interest), plus any investment earnings thereon, and any other funds available for such purpose, will be sufficient to permit the Series 1994 Trustee to pay the principal of, premium and accrued interest on the Series 1994 Bonds as provided in upon their redemption, which shall occur no later than 90 days after the Indenture; provided, however, that the obligation date of the Company to make any payment hereunder shall be deemed satisfied and discharged to the extent of the corresponding payment made by a Credit Provider (if any) to the Trustee under a Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Rate, each of the Company and ITT Holdings LLC agrees to pay (or cause to pay) the Purchase Price on the Bonds when due pursuant to Sections 4.01 and 4.02 of the Indenture. It is understood and agreed that all payments payable by or on behalf of the Company under subsection (a) of this Section 4.02 are assigned by the Issuer to the Trustee for the benefit of the Owners issuance of the Bonds. Each of the Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection.

Appears in 1 contract

Samples: Sale Agreement (Alabama Power Co)

Amounts Payable. (a) The Company hereby covenants and agrees to repay pay to the loanTrustee, as follows: assignee of the Issuer, in funds which will be immediately available on or before any Interest Payment Date for the Bonds or any other date that any day payment of interestis due, from time to time as the amount owed hereunder, including interest thereon (which interest obligation shall equal the interest and premium, if any, on the Bonds), amounts which, and at or principal or Purchase Price is required before times which, shall correspond (i) to be made the payments in respect of the Bonds pursuant to the Indenture, until the principal of, of and premium, if any, and interest on the Bonds whenever and in whatever manner the same shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with any other moneys available for such payment in any account of the Bond Fund, will enable the Trustee to pay the amount payable on such date as Purchase Price or principal of (become due whether at maturity or stated maturity, upon redemption or acceleration or otherwise), premiumand (ii) the purchase price of the Bonds required or permitted to be purchased under the Indenture. If (i) at the date any payment on the Bonds is due, available moneys are held by the Trustee under the Indenture which are not being held for the payment of Bonds due and payable but which have not been presented for payment, or (ii) on any date on which Bonds are to be purchased pursuant to Section 4.02 of the Indenture, there are any available moneys held for the payment of the purchase price which are not being held for the purchase of Bonds which have not been presented for purchase pursuant to Section 6 of the form of Bonds, then, in each case, such moneys shall be credited against the payment then due hereunder, first in respect of interest on the amount then due and owing hereunder and then, to the extent of remaining moneys, in respect of xxxxxxxxx on the amount then due and owing hereunder. The Company will also pay: (i) the fees, charges and reasonable expenses of the Trustee, any paying agents and the Remarketing Agent under the Indenture, such fees, charges, and reasonable expenses to be paid directly to the Trustee, paying agents and Remarketing Agent for their respective accounts as and when such fees, charges and reasonable expenses become due and payable, (ii) any expenses and costs incurred or to be incurred by virtue of the issuance of the Bonds, (iii) any expenses in connection with any redemption of the Bonds, and (iv) any expenses in connection with the redemption of the Series E Bonds. The Company also agrees that, on or before the date of redemption of the Series E Bonds, it will pay to the Series E Trustee for deposit into the Bond Fund held by the Series E Trustee in connection with the Series E Bonds, an amount of funds which, when added to the proceeds of the Bonds (other than proceeds, if any, and interest on representing accrued interest), the Bonds as provided in the Indenture; provided, however, that the obligation proceeds of the Company to make any payment hereunder shall be deemed satisfied and discharged to the extent of the corresponding payment made by a Credit Provider (if any) to the Trustee under a Credit Facility (if any) or by the Confirming Bank (if any) under the Confirming Letter of Credit (if any). While the Bonds bear interest at a Bank Rate, each of the Company and ITT Holdings LLC agrees to pay (or cause to pay) the Purchase Price on the Bonds when due pursuant to Sections 4.01 and 4.02 of the Indenture. It is understood and agreed that all payments payable by or on behalf of the Company under subsection (a) of this Section 4.02 are assigned by the Issuer to the Trustee for the benefit of the Owners of the Bonds. Each of the Company and ITT Holdings LLC assents to such assignment. The Issuer hereby directs the Company and ITT Holdings LLC and the Company and ITT Holdings LLC hereby agree, to pay to the Trustee at the Principal Office of the Trustee all payments payable by or on behalf of the Company and/or ITT Holdings LLC pursuant to this subsection.1995

Appears in 1 contract

Samples: Fourth Supplementary Installment Sale Agreement (Alabama Power Co)

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