Common use of Applicability of This Article Clause in Contracts

Applicability of This Article. Redemption of Securities of any series through operation of a sinking fund as permitted or required by the terms of any such Securities shall be made in accordance with such terms and (except as otherwise specified pursuant to Section 3.01 with respect to Securities of such series) this Article; provided , however, that if any of the terms of any such Securities shall conflict with any provision of this Article, the terms of such Securities shall govern; and provided, further, that the option or obligation of the Issuer to make any sinking fund payment with respect to any Perpetual Subordinated Debt Securities or Perpetual Subordinated Capital Securities shall be subject to the Solvency Condition being satisfied by the Issuer and to any consent required of the Financial Services Authority having been obtained. The minimum amount of any sinking fund payment provided for by the terms of Securities of any particular series is herein referred to as a “mandatory sinking fund payment”, and any payment in excess of such minimum amount provided for by the terms of Securities of any particular series is herein referred to as an “optional sinking fund payment”. If provided for by the terms of Securities of any particular series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.02. Each sinking fund payment shall be applied to the redemption of Securities of any particular series as provided for by the terms of Securities of that series.

Appears in 3 contracts

Samples: Prudential Subordinated Indenture (Prudential PLC), Prudential Subordinated Indenture (Prudential PLC), Indenture (Prudential PLC)

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Applicability of This Article. Redemption of Debt Securities of any series through operation of a sinking fund as permitted or required by the terms any form of any such Securities Debt Security issued pursuant to this Indenture shall be made in accordance with such terms form of Debt Security and (except as otherwise specified pursuant to Section 3.01 with respect to Securities of such series) this Article; provided provided, however, that if any of the terms provision of any such Securities form of Debt Security shall conflict with any provision of this Article, the terms provision of such Securities form of Debt Security shall govern; and provided, further, that the option or obligation of the Issuer to make any sinking fund payment with respect to any Perpetual Subordinated Debt Securities or Perpetual Subordinated Capital Securities shall be subject to the Solvency Condition being satisfied by the Issuer and to any consent required of the Financial Services Authority having been obtained. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any particular series is herein referred to as a "mandatory sinking fund payment", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any particular series is herein referred to as an "optional sinking fund payment". If provided for by the terms of Debt Securities of any particular series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.0262. Each sinking fund payment shall be applied to the redemption of Debt Securities of any particular series as provided for by the terms of Debt Securities of that series.

Appears in 2 contracts

Samples: American Financial Capital Trust I, American Financial Group Inc

Applicability of This Article. Redemption of Debt Securities of any series through operation of a sinking fund as permitted or required by the terms any form of any such Securities Debt Security issued pursuant to this Indenture shall be made in accordance with such terms form of Debt Security and (except as otherwise specified pursuant to Section 3.01 with respect to Securities of such series) this Article; provided provided, however, that if any of the terms provision of any such Securities form of Debt Security shall conflict with any provision of this Article, the terms provision of such Securities form of Debt Security shall govern; and provided, further, that the option or obligation of the Issuer to make any sinking fund payment with respect to any Perpetual Subordinated Debt Securities or Perpetual Subordinated Capital Securities shall be subject to the Solvency Condition being satisfied by the Issuer and to any consent required of the Financial Services Authority having been obtained. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any particular series is herein referred to as a "mandatory sinking fund payment", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any particular series is herein referred to as an "optional sinking fund payment". If provided for by the terms of Debt Securities of any particular series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.021202. Each sinking fund payment shall be applied to the redemption of Debt Securities of any particular series as provided for by the terms of Debt Securities of that series.

Appears in 2 contracts

Samples: Chiquita Brands International Inc, Chiquita Brands International Inc

Applicability of This Article. Redemption of Debt Securities of any series through operation of a sinking fund as permitted or required by the terms any form of any such Securities Debt Security issued pursuant to this Indenture shall be made in accordance with such terms form of Debt Security and (except as otherwise specified pursuant to Section 3.01 with respect to Securities of such series) this Article; provided provided, however, that if any of the terms provision of any such Securities form of Debt Security shall conflict with any provision of this Article, the terms provision of such Securities form of Debt Security shall govern; and provided, further, that the option or obligation of the Issuer to make any sinking fund payment with respect to any Perpetual Subordinated Debt Securities or Perpetual Subordinated Capital Securities shall be subject to the Solvency Condition being satisfied by the Issuer and to any consent required of the Financial Services Authority having been obtained. The minimum amount of any sinking fund payment provided for by the terms of Debt Securities of any particular series is herein referred to as a "mandatory sinking fund payment", and any payment in excess of such minimum amount provided for by the terms of Debt Securities of any particular series is herein referred to as an "optional sinking fund payment". If provided for by the terms of Debt Securities of any particular series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.0212.2. Each sinking fund payment shall be applied to the redemption of Debt Securities of any particular series as provided for by the terms of Debt Securities of that series.

Appears in 1 contract

Samples: Provident Capital Trust Iv

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Applicability of This Article. Redemption of Securities of any series through operation of a sinking fund as permitted or required by the terms of any such Securities shall be made in accordance with such terms and (except as otherwise specified pursuant to Section 3.01 with respect to Securities of such series) this Article; provided provided, however, that if any of the terms of any such Securities shall conflict with any provision of this Article, the terms of such Securities shall govern; and provided, further, that the option or obligation of the Issuer to make any sinking fund payment with respect to any Perpetual Subordinated Debt Securities or Perpetual Subordinated Capital Securities shall be subject to the Solvency Condition being satisfied by the Issuer and to any consent required of the Financial Services Authority Relevant Regulator having been obtained. The minimum amount of any sinking fund payment provided for by the terms of Securities of any particular series is herein referred to as a “mandatory sinking fund payment”, and any payment in excess of such minimum amount provided for by the terms of Securities of any particular series is herein referred to as an “optional sinking fund payment”. If provided for by the terms of Securities of any particular series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 12.02. Each sinking fund payment shall be applied to the redemption of Securities of any particular series as provided for by the terms of Securities of that series.

Appears in 1 contract

Samples: Subordinated Indenture (Prudential PLC)

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