Common use of Application of Moneys Collected by Trustee Clause in Contracts

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the Issuers, as applicable, their successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 6 contracts

Samples: Indenture (HEP Mountain Home, L.L.C.), Indenture (Hep Slc, LLC), Indenture (HEP Refining Assets, L.P.)

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Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of accrued but unpaid interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the IssuersCompany, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers Company shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 5 contracts

Samples: Indenture (RAIT Financial Trust), Indenture (RAIT Financial Trust), Indenture (RAIT Financial Trust)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the Issuers, as applicable, their successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 5 contracts

Samples: Indenture (CNX Coal Finance Corp.), PSE Finance Corp, BreitBurn Finance Corp

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the IssuersPartnership, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers Partnership shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 4 contracts

Samples: Indenture (Magellan Midstream Partners Lp), Eagle Rock Energy Finance Corp., Indenture (Te Products Pipeline Co Lp)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the Issuers, as applicable, their successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 3 contracts

Samples: Indenture (Hep Slc, LLC), Senior Indenture (HEP Mountain Home, L.L.C.), SLC Pipeline LLC

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, applied in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other propertymoneys, upon presentation of the several Debt Subordinated Securities of such series in respect of which moneys or other property have been collected, and the notation stamping thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money amounts due to the Trustee pursuant to under Section 7.06; SECOND: In case the principal of the Outstanding Debt Subordinated Securities in respect of which such moneys have been collected shall not have become duedue and be unpaid, to the payment of any interest on the Debt Securities of such series Subordinated Securities, in the order of the maturity of the installments of such interest, with interest upon the overdue installments of interest (so far as permitted by law and to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest Trustee at the rate or rates of interest borne by or Yield to Maturity (in the case of Original Issue Discount Debt Subordinated Securities) borne by the Debt Securities of such series, Subordinated Securities or prescribed therefor therein) such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Subordinated Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt such Subordinated Securities of such series for principal and premiuminterest, if any, and interest, with interest on the overdue principal and premium, if any, any installments of interest (so far as permitted by law and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or rates of interest borne by or Yield to Maturity (in the case of Original Issue Discount Debt Subordinated Securities) borne by the Debt Securities of ), or prescribed therefor in, such seriesSubordinated Securities; and, and in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such seriesSubordinated Securities, then to the payment of such principal and premium, if any, and interestinterest or Yield to Maturity, without preference or priority of principal and premium, if any, over interestinterest or Yield to Maturity, or of interest or Yield to Maturity over principal and premium, if anyprincipal, or of any installment of interest over any other installment of interest, or of any Debt Subordinated Security of such series over any Debt Security of such seriesother Subordinated Security, ratably to the aggregate of such principal and premium, if any, accrued and interestunpaid interest or Yield to Maturity; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the Issuers, as applicable, their successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.and

Appears in 3 contracts

Samples: Oncogenex Pharmaceuticals, Inc., Oncogenex Pharmaceuticals, Inc., Oncogenex Pharmaceuticals, Inc.

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the IssuersPartnership, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers Partnership shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 2 contracts

Samples: Indenture (Magellan Midstream Partners Lp), Indenture (Jonah Gas Gathering Co)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of accrued but unpaid interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the IssuersCompany, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers Company shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 2 contracts

Samples: Indenture (RAIT Financial Trust), Indenture (RAIT Financial Trust)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the Issuers, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 2 contracts

Samples: MPT Operating Partnership, L.P., MPT of West Anaheim, LLC

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the Issuers, as applicable, their successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 2 contracts

Samples: Indenture (Regency Energy Partners LP), Indenture (Regency Energy Partners LP)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series this Article shall be applied, after giving effect to the provisions of Article XII, if applicable, applied in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other propertymoneys, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRSTFirst: To the payment of all money amounts due the Trustee pursuant to the provisions of Section 7.067.05; SECONDSecond: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become duedue (at maturity, upon redemption, by declaration, repayment or otherwise) and be unpaid, to the payment of interest interest, if any, on the such Debt Securities of such series Securities, in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the same rate as the rate of interest or Yield to Maturity (in the case of Original Issue Discount Securities) specified in such Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons persons entitled thereto, without discrimination or preference; THIRDThird: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become duedue (at maturity, upon redemption, by declaration declaration, repayment or otherwise), to the payment of the whole amount then owing and unpaid upon the such Debt Securities of such series for principal and principal, premium, if any, and interest, if any, with interest on the overdue principal principal, and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest interest, if any, at the same rate as the rate of interest or Yield to Maturity (in the case of Original Issue Discount Securities) specified in such Debt Securities) borne by the Debt Securities of such series; and, and in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the such Debt Securities of such seriesSecurities, then to the payment of such principal and principal, premium, if any, and interest, if any, without preference or priority of principal principal, and premium, if any, over interest, if any, or of interest interest, if any, over principal principal, and premium, if any, or of any installment of interest interest, if any, over any other installment of interest, if any, or of any such Debt Security of such series over any other such Debt Security of such seriesSecurity, ratably to the aggregate of such principal and principal, premium, if any, and accrued and unpaid interest, if any; and FOURTHFourth: The To the payment of the remainder, if any, shall be paid to the Subsidiary Guarantors or Company, to the Issuers, as applicableextent such moneys were provided thereby, their respective successors or assigns, or to whomsoever whosoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paidSECTION 6.04.

Appears in 2 contracts

Samples: McDonalds Corp, McDonalds Corp

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, applied in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the IssuersCompany, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers Company shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 2 contracts

Samples: Indenture (Worthington Industries Inc), Indenture (Worthington Industries Inc)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series this Article shall be applied, after giving effect to the provisions of Article XII, if applicable, applied in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other propertymoneys, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRSTFirst: To the payment of all money amounts due the Trustee pursuant to the provisions of Section 7.067.05; SECONDSecond: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become duedue (at maturity, upon redemption, by declaration, repayment or otherwise) and be unpaid, to the payment of interest interest, if any, on the such Debt Securities of such series Securities, in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the same rate as the rate of interest or Yield to Maturity (in the case of Original Issue Discount Securities) specified in such Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons persons entitled thereto, without discrimination or preference; THIRDThird: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become duedue (at maturity, upon redemption, by declaration declaration, repayment or otherwise), to the payment of the whole amount then owing and unpaid upon the such Debt Securities of such series for principal and principal, premium, if any, and interest, if any, with interest on the overdue principal principal, and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the Issuers, as applicable, their successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.19

Appears in 1 contract

Samples: McDonalds Corp

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have has been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by specified in the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by specified in the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the IssuersCompany, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers Company shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 1 contract

Samples: Indenture (Cloud Peak Energy Finance Corp.)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the Issuers, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 1 contract

Samples: Indenture (Turkey Creek Pipeline, LLC)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect this Article Six or pursuant to Debt Securities of any series the Subordination Agreement shall be applied, after giving effect applied to the provisions payment of Article XIIall amounts due the Trustee pursuant to Section 7.06, if applicable, and thereafter in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other propertymoneys, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collectedNotes, and the notation stamping thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case no principal of, or Change of Control Purchase Price or Asset Sale Purchase Price on, the principal of the Outstanding Debt Securities in respect of which such moneys have been collected outstanding Notes shall not have become duedue and be unpaid, to the payment of interest on the Debt Securities of such series Notes, in the order of the maturity of the installments of such interest, with interest upon the overdue installments of interest (so far as permitted by law and to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) interest borne by the Debt Securities of such seriesNotes, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRDSECOND: In case any principal of, or Change of Control Purchase Price or Asset Sale Purchase Price on, the principal of the Outstanding Debt Securities in respect of which such moneys have been collected outstanding Notes shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series Notes for principal and principal, premium, if any, Change of Control Purchase Price, Asset Sale Purchase Price and interest, as the case may be, with interest on the overdue principal and principal, premium, if any, Change of Control Purchase Price, Asset Sale Purchase Price and installments of interest (so far as permitted by law and to the extent that such interest has been collected by the Trustee) upon overdue installments of interest ), as the case may be, at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) interest borne by the Debt Securities of such seriesNotes; and, and in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such seriesNotes, then to the payment of such principal and principal, premium, if any, Change of Control Purchase Price, Asset Sale Purchase Price and interest, without preference or priority of principal and premium, if any, any one such applicable amount over interest, or of interest over principal and premium, if anyanother, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and principal, premium, if any, Change of Control Purchase Price, Asset Sale Purchase Price and accrued and unpaid interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the Issuers, as applicable, their successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.and

Appears in 1 contract

Samples: Indenture (Goldendale Aluminum Co)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the IssuersPartnership, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers Partnership shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 1 contract

Samples: Indenture (ONEOK Partners LP)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have has been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by specified in the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by specified in the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the IssuersCompany, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers Company shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 1 contract

Samples: Indenture (Cloud Peak Energy Finance Corp.)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt for the Securities of any series under or pursuant to, or as authorized or permitted by, this Article Eight, together with any other sums held by the Trustee (as such) hereunder (other than sums held in trust for the benefit of the Holders of particular Securities or Coupons), shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, applied as follows at the date or dates fixed by the Trustee for the distribution of such moneys or other propertymoneys, upon presentation (except in respect of Subdivision FIRST below) of the several Debt Securities of and any Coupons appertaining thereto with respect to which such series in respect of which moneys or other property have been were collected, and the notation stamping thereon of an appropriate legend respecting the payment, if only partially paid, and or upon the surrender thereof thereof, if fully paid: FIRST: To the payment of all money amounts due the Trustee pursuant to Section 7.06the provisions of Sec. 9.07; SECOND: In case the principal of the such Outstanding Debt Securities in respect of which such moneys have been collected shall not have become duedue and shall not be unpaid, to the payment of interest the interest, if any, on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) ), so far as it may be enforceable under applicable law, upon the overdue installments of interest at the rate or Yield Overdue Rate applicable to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made made, subject to the provisions of Sec. 8.08, ratably to the Persons persons entitled thereto, thereto without discrimination or preference; THIRD: In case the principal of the such Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, due by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and principal, premium, if any, and interest, if any, with interest on the upon any overdue principal and premium, if any, and also (to the extent that such interest has been collected by the Trustee) ), so far as payment of the same is enforceable under applicable law, upon any overdue installments of interest interest, if any, at the rate or Yield Overdue Rate applicable to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then then, subject to the provisions of Sec. 8.08, to the payment of such principal and principal, premium, if any, and interest, if any, without preference or priority of principal principal, and premium, if any, over interest, or of interest interest, if any, over principal principal, and premium, if any, or of any installment of interest interest, if any, over any other installment of interest, if any, or of any Debt Security of such series over any Debt 71 61 other Security of such series, or of any Coupon appertaining thereto over any other Coupon appertaining thereto, ratably to the aggregate of such principal and principal, premium, if any, and interest, if any; FOURTH: To the payment of all other amounts payable by the Company under the terms of this Indenture; and FOURTHFIFTH: The remainderTo the payment of the surplus, if any, shall be paid to the Subsidiary Guarantors or the IssuersCompany, as applicable, their its successors or assigns, assigns or to whomsoever whosoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03Sec. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid8.04.

Appears in 1 contract

Samples: Associates First Capital Iii

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with this Article and, if an Event of Default has occurred and is continuing, any money or other property distributable in respect to Debt Securities of any series the Company's obligations under this Indenture shall be applied, after giving effect to the provisions of Article XII, if applicable, applied in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other propertymoneys, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money amounts due the Trustee pursuant to the provisions of Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become duedue (at maturity, upon redemption, by declaration, repayment or otherwise) and be unpaid, to the payment of interest interest, if any, on the Debt Securities of such series Securities, in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield Overdue Rate applicable to Maturity (in the case of Original Issue Discount Debt such Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons person entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become duedue (at maturity, upon redemption, by declaration declaration, repayment or otherwise), to the payment of the whole amount then owing and unpaid upon the Debt such Securities of such series for principal and principal, premium, if any, and interest, if any, with interest on the overdue principal principal, and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest interest, if any, at the rate or Yield Overdue Rate applicable to Maturity (in the case of Original Issue Discount Debt such Securities) borne by the Debt Securities of such series; and, and in case such moneys shall be insufficient to pay in full the whole amount amounts so due and unpaid upon the Debt Securities of such seriesSecurities, then to the payment of such principal and principal, premium, if any, and interest, if any, without preference or priority of principal principal, and premium, if any, over interest, if any, or of interest interest, if any, over principal principal, and premium, if any, or of any installment of interest interest, if any, over any other installment of interest, if any, or of any Debt such Security of such series over any Debt Security of other such seriesSecurity, ratably to the aggregate of such principal and principal, premium, if any, and accrued and unpaid interest, if any; and FOURTH: The ▪ To the payment of the remainder, if any, shall be paid to the Subsidiary Guarantors or the IssuersCompany, as applicable, their its successors or assigns, or to whomsoever whosoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 1 contract

Samples: Indenture (Pico Holdings Inc /New)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the IssuersIssuer, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers Issuer shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 1 contract

Samples: Indenture (Seadrill Partners LLC)

Application of Moneys Collected by Trustee. Any moneys At any time when the Company is in default of payment of fees owed to the Trustee or other property following the application of funds as provided in the Intercreditor Agreement, any money collected or to be applied by the Trustee pursuant to Section 6.02 this Article VI in respect of the Bonds of a series, together with respect to Debt Securities any other moneys which may then be held by the Trustee under any of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, this Indenture as security for the Bonds of such series (other than moneys at the time required to be held for the payment of specific Bonds of such series at their stated maturities or at a time fixed for the redemption thereof) shall be applied in the following order followingfrom time to time, at on the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paidTrustee: FIRST: To to the payment of all money amounts due the Trustee pursuant to or any predecessor Trustee under Section 7.0610.7 Thereof; SECOND: In case if the unpaid principal amount of the Outstanding Debt Securities in respect Bonds of which such moneys have been collected shall series or any of them has not have become due, to the payment of any interest in default, in the order of the maturity of the payments thereof, with interest at the rates specified in the respective Bonds of such series in respect of overdue payments (to the extent that payment of such interest shall be legally enforceable) on the payments of interest then overdue; THIRD: if the unpaid principal amount of a portion of the Outstanding Bonds of such series has become due, first to the payment of accrued interest on the Debt Securities all Outstanding Bonds of such series in the order of the maturity of the installments of such interestpayments thereof, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (respective rates specified in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities Bonds of such series for principal and premiumoverdue payments of principal, premium (if any, and interest, with interest on the overdue principal and premium, if any, ) and (to the extent that payment of such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due legally enforceable) interest then overdue, and unpaid upon the Debt Securities of such series, then next to the payment of such the unpaid principal and premium, if any, and interest, without preference or priority amount of principal and premium, if any, over interest, or the portion of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security all Outstanding Bonds of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the Issuers, as applicable, their successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.then due;

Appears in 1 contract

Samples: Cleco Corp

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the IssuersCompany, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers Company shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 1 contract

Samples: Indenture (Chesapeake Alpha Corp)

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Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, applied in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the Issuers, as applicable, their successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 1 contract

Samples: Indenture (CNX Coal Finance Corp.)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, applied in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other propertymoneys, upon presentation of the several Debt Subordinated Securities of such series in respect of which moneys or other property have been collected, and the notation stamping thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money amounts due to the Trustee pursuant to under Section 7.06; SECOND: In case the principal of the Outstanding Debt Subordinated Securities in respect of which such moneys have been collected shall not have become duedue and be unpaid, to the payment of any interest on the Debt Securities of such series Subordinated Securities, in the order of the maturity of the installments of such interest, with interest upon the overdue installments of interest (so far as permitted by law and to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest Trustee at the rate or rates of interest borne by or Yield to Maturity (in the case of Original Issue Discount Debt Subordinated Securities) borne by the Debt Securities of such series, Subordinated Securities or prescribed therefor therein) such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Subordinated Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt such Subordinated Securities of such series for principal and premiuminterest, if any, and interest, with interest on the overdue principal and premium, if any, any installments of interest (so far as permitted by law and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or rates of interest borne by or Yield to Maturity (in the case of Original Issue Discount Debt Subordinated Securities) borne by the Debt Securities of ), or prescribed therefor in, such seriesSubordinated Securities; and, and in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such seriesSubordinated Securities, then to the payment of such principal and premium, if any, and interestinterest or Yield to Maturity, without preference or priority of principal and premium, if any, over interestinterest or Yield to Maturity, or of interest or Yield to Maturity over principal and premium, if anyprincipal, or of any installment of interest over any other installment of interest, or of any Debt Subordinated Security of such series over any Debt Security of such seriesother Subordinated Security, ratably to the aggregate of such principal and premium, if any, accrued and interestunpaid interest or Yield to Maturity; and FOURTH: The To the payment of the remainder, if any, shall be paid with appropriate interest to the Subsidiary Guarantors Company or the Issuers, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 1 contract

Samples: Achieve Life Sciences, Inc.

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, applied in the order following, at the date or dates fixed by the Trustee for and, in case of the distribution of such moneys on account of principal (or other propertypremium, if any) or interest, if any, or Additional Amounts, if any, upon presentation of the several Debt Securities of such series and coupons in respect of which moneys or other property have been collected, and the notation stamping thereon of the payment, if only partially paid, and upon surrender thereof thereof, if fully paid: FIRST: To the payment of reasonable costs and expenses applicable to such series of collection, reasonable compensation to the Trustee, its agents, attorneys and counsel, and all money due other reasonable expenses and liabilities incurred, and all advances made, by the Trustee pursuant to Section 7.06except as a result of its negligence or bad faith; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest interest, if any, and Additional Amounts, if any, on the Debt Securities of such series in the order of the maturity of the installments instalments of such interestinterest and dates of payments of such Additional Amounts, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments instalments of interest and Additional Amounts at the same rate as the rate of interest, if any, specified in the Securities of such series (or, with respect to Original Issue Discount Securities, at the rate or Yield to Maturity (specified in the case of Original Issue Discount Debt Securities) borne by the Debt Securities terms of such seriesSecurities for interest on overdue principal thereof upon maturity, redemption or acceleration), such payments to be made ratably to the Persons persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal (and premium, if any), interest, if any, and interest, with interest on the overdue principal and premiumAdditional Amounts, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments instalments of interest, if any, and Additional Amounts, if any, at the same rate as the rate of interest specified in the Securities of such series (or, with respect to original Issue Discount Securities, at the rate or Yield to Maturity (specified in the case of Original Issue Discount Debt Securities) borne by the Debt Securities terms of such seriesSecurities for interest on overdue principal thereof upon maturity, redemption or acceleration); and, and in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal (and 42 35 premium, if any), interest, if any, and interestAdditional Amounts, if any, without preference or priority of principal and premium, if any, over interest, if any, and Additional Amounts, if any, or of interest interest, if any, and Additional Amounts, if any, over principal and premium, if any, or of any installment instalment of interest interest, if any, or Additional Amounts, if any, over any other installment instalment of interest, if any, or Additional Amounts, if any, or of any Debt Security of such series over any Debt other Security of such series, ratably to the aggregate of such principal and premium, if any, and accrued and unpaid interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the Issuersand Additional Amounts, as applicable, their successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may directif any. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paidSECTION 6.04.

Appears in 1 contract

Samples: Indenture (Trinova Corp)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicableXIII, in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the Issuers, as applicable, their successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.and

Appears in 1 contract

Samples: Indenture (ONEOK Partners LP)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, applied in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other propertymoneys, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation stamping thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money amounts due to the Trustee pursuant to under Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become duedue and be unpaid, to the payment of any interest on the Debt Securities of such series Securities, in the order of the maturity of the installments of such interest, with interest upon the overdue installments of interest (so far as permitted by law and to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest Trustee at the rate or Yield to Maturity (in the case rates of Original Issue Discount Debt Securities) interest borne by the Debt such Securities of such seriesor prescribed therefor therein), such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt such Securities of such series for principal and premiuminterest, if any, and interest, with interest on the overdue principal and premium, if any, any installments of interest (so far as permitted by law and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case rates of Original Issue Discount Debt interest borne by, or prescribed therefor in, such Securities) borne by the Debt Securities of such series; and, and in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such seriesSecurities, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if anyprincipal, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such seriesother Security, ratably to the aggregate of such principal and premium, if any, accrued and unpaid interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the Issuers, as applicable, their successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.and

Appears in 1 contract

Samples: Indenture (Chevron Funding Corp)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be appliedseries, and after an Event of Default, any money or other property distributable in respect of the Issuer’s obligations under this Indenture, shall, after giving effect payment of the reasonable, documented costs and expenses relating to the provisions collection of Article XIIsuch moneys or property and of the reasonable, if applicabledocumented expenses, liabilities and advances owing to or incurred or made by the Trustee, including reasonable attorneys’ and agents’ fees and expenses, be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the IssuersIssuer, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At If the Trustee has given the Issuer notice of such record date and payment date and the amount to be paid to each Holder at least 30 days before such record date, then at least 15 days before such record date, the Issuers Issuer shall mail or send to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 1 contract

Samples: Indenture (Jacobs Engineering Group Inc /De/)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt for the Securities of any series under or pursuant to, or as authorized or permitted by, this Article Eight, together with any other sums held by the Trustee (as such) hereunder (other than sums held in trust for the benefit of the Holders of particular Securities or Coupons), shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, applied as follows at the date or dates fixed by the Trustee for the distribution of such moneys or other propertymoneys, upon 70 60 presentation (except in respect of Subdivision FIRST below) of the several Debt Securities of and any Coupons appertaining thereto with respect to which such series in respect of which moneys or other property have been were collected, and the notation stamping thereon of an appropriate legend respecting the payment, if only partially paid, and or upon the surrender thereof thereof, if fully paid: FIRST: To the payment of all money amounts due the Trustee pursuant to Section 7.06the provisions of sec. 9.07; SECOND: In case the principal of the such Outstanding Debt Securities in respect of which such moneys have been collected shall not have become duedue and shall not be unpaid, to the payment of interest the interest, if any, on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) ), so far as it may be enforceable under applicable law, upon the overdue installments of interest at the rate or Yield Overdue Rate applicable to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made made, subject to the provisions of sec. 8.08, ratably to the Persons persons entitled thereto, thereto without discrimination or preference; THIRD: In case the principal of the such Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, due by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and principal, premium, if any, and interest, if any, with interest on the upon any overdue principal and premium, if any, and also (to the extent that such interest has been collected by the Trustee) ), so far as payment of the same is enforceable under applicable law, upon any overdue installments of interest interest, if any, at the rate or Yield Overdue Rate applicable to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then then, subject to the provisions of sec. 8.08, to the payment of such principal and principal, premium, if any, and interest, if any, without preference or priority of principal principal, and premium, if any, over interest, or of interest interest, if any, over principal principal, and premium, if any, or of any installment of interest interest, if any, over any other installment of interest, if any, or of any Debt Security of such series over any Debt other Security of such series, or of any Coupon appertaining thereto over any other Coupon appertaining thereto, ratably to the aggregate of such principal and principal, premium, if any, and interest, if any; FOURTH: To the payment of all other amounts payable by the Company under the terms of this Indenture; and FOURTHFIFTH: The remainderTo the payment of the surplus, if any, shall be paid to the Subsidiary Guarantors or the IssuersCompany, as applicable, their its successors or assigns, assigns or to whomsoever whosoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.0371 61 sec. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid8.04.

Appears in 1 contract

Samples: Associates First Capital Corp

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors Guarantors, the Guarantor or the IssuersCompany, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers Company shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 1 contract

Samples: Pacific Energy Group LLC

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the Issuers, as applicable, their successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.and

Appears in 1 contract

Samples: Williams Energy Partners L P

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be applied, after giving effect to the provisions of Article XII, if applicable, in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to any of the Subsidiary Guarantors or the IssuersPartnership, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers Partnership shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 1 contract

Samples: Indenture (Enbridge Energy Partners Lp)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 5.2 with respect to Debt Securities of any series then Outstanding shall be applied, after giving effect to the provisions of Article XII, if applicable, applied in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other propertymoneys, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collectedseries, and the notation stamping thereon of the payment, if only partially paid, and upon surrender thereof thereof, if fully paid: FIRSTFirst: To the payment of costs and expenses of collection and reasonable compensation to the Trustee, its agents, attorneys and counsel, and of all money due other expenses and liabilities incurred, and all advances made, by the Trustee pursuant to Section 7.066.6 except as a result of its negligence or bad faith; SECONDSecond: In case If the principal of the Outstanding Debt Securities in respect of which such moneys have been collected series shall not have become duedue and be unpaid, to the payment of interest interest, if any, on the Debt Securities of such series series, in the order of the maturity of the installments instalments of such interest, if any, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments instalments of interest interest, if any, at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments payment to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRDThird: In case If the principal of the Outstanding Debt Securities in respect of which such moneys have been collected series shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premiuminterest, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments instalments of interest interest, if any, at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, and in case such moneys shall be insufficient to pay in full the whole amount amounts so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premiuminterest, if any, and interest, without preference or priority of principal and premium, if any, over interest, interest or of interest over principal and premium, if anyprincipal, or of any installment instalment of interest over any other installment instalment of interest, or of any Debt Security of such series over any Debt Security of such seriesother Security, ratably to the aggregate of such principal and premium, if any, accrued and unpaid interest; and FOURTHFourth: The remainder, if any, shall be paid To the payment of any surplus then remaining to the Subsidiary Guarantors or the IssuersIssuer, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.21

Appears in 1 contract

Samples: Halliburton Co

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities any of any series the Notes shall be applied, after giving effect to the provisions of Article XII, if applicable, applied in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other propertymoneys, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collectedNotes, and the notation stamping thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money amounts due to the Trustee pursuant to Section 7.069.07; SECOND: In case the principal of the Outstanding Debt Securities Notes then outstanding in respect of which such moneys have been collected shall not have become duedue and be unpaid, to the payment of interest on the Debt Securities of such series Notes, in the order of the maturity of the installments of such interest, with interest (to the extent allowed by law and to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such seriesNotes, such payments to be made ratably to the Persons persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities Notes then outstanding in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series Notes for principal and premium, if any, any premium and interestinterest thereon, with interest on the overdue principal and premium, if any, any premium and (to the extent allowed by law and to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such seriesNotes; and, and in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such seriesNotes, then to the payment of such principal and premium, if any, any premium and interest, interest without preference or priority of principal and premium, if any, any premium over interest, or of interest over principal and premium, if any, any premium or of any installment of interest over any other installment of interest, or of any Debt Security of such series Note over any Debt Security of such seriesother Note, ratably to the aggregate of such principal and premium, if any, any premium and accrued and unpaid interest; and FOURTH: The To the payment of the remainder, if any, shall be paid to the Subsidiary Guarantors or the IssuersCompany, as applicable, their its successors or assigns, or to whomsoever may lawfully be lawfully entitled to receive the same, or as a court of competent jurisdiction may directdetermine. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid8.07.

Appears in 1 contract

Samples: Madison Gas & Electric Co

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be appliedseries, and after an Event of Default, any money or other property distributable in respect of the Issuer’s obligations under this Indenture, shall, after giving effect payment of the reasonable, documented costs and expenses relating to the provisions collection of Article XIIsuch moneys or property and of the reasonable, if applicabledocumented expenses, liabilities and advances owing to or incurred or made by the Trustee, including reasonable attorneys’ and agents’ fees and expenses, be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the Issuers, as applicable, their successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Issuers shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.and

Appears in 1 contract

Samples: Indenture (Jacobs Solutions Inc.)

Application of Moneys Collected by Trustee. Any moneys or other property collected by the Trustee pursuant to Section 6.02 with respect to Debt Securities of any series shall be appliedseries, and after an Event of Default, any money or other property distributable in respect of the Company’s obligations under this Indenture, shall, after giving effect payment of the reasonable, documented costs and expenses relating to the provisions collection of Article XIIsuch moneys or property and of the reasonable, if applicabledocumented expenses, liabilities and advances owing to or incurred or made by the Trustee, including reasonable attorneys’ and agents’ fees and expenses, be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such moneys or other property, upon presentation of the several Debt Securities of such series in respect of which moneys or other property have been collected, and the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid: FIRST: To the payment of all money due the Trustee pursuant to Section 7.06; SECOND: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall not have become due, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; THIRD: In case the principal of the Outstanding Debt Securities in respect of which such moneys have been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of such series; and, in case such moneys shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such principal and premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any Debt Security of such series, ratably to the aggregate of such principal and premium, if any, and interest; and FOURTH: The remainder, if any, shall be paid to the Subsidiary Guarantors or the IssuersCompany, as applicable, their its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At If the Trustee has given the Company notice of such record date and payment date and the amount to be paid to each Holder at least 30 days before such record date, then at least 15 days before such record date, the Issuers Company shall mail or send to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 1 contract

Samples: Quanta Services, Inc.

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