Common use of Collection of Indebtedness by Trustee; Trustee May Prove Debt Clause in Contracts

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (i) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (ii) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trustee, including reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holders, whether or not the Securities of such series be overdue.

Appears in 4 contracts

Samples: Senior Indenture (Enstar Finance LLC), Indenture (Enstar Finance LLC), Enstar Group LTD

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Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (i) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (ii) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trusteecosts and expenses of collection, including reasonable compensation, expenses, disbursements compensation to the Trustee and advances of the each predecessor Trustee, its agents their respective agents, attorneys and counsel, and any expenses and liabilities incurred, and all advances made, by the Trustee and each predecessor Trustee except as a result of its negligence, bad faith or willful misconduct. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holders, whether or not the Securities of such series be overdue.

Appears in 4 contracts

Samples: Indenture (Max USA Holdings Ltd.), Indenture (Greenlight Capital Re, Ltd.), Senior Indenture (Greenlight Capital Re, Ltd.)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days 60 days, or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, for principal or and interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts the costs and expenses of collection, and such other amount due to the Trustee, including reasonable compensation, expenses, disbursements and advances Trustee under Section 6.6 in respect of the Trustee, its agents and counselSecurities of such series. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holdersHolders, whether or not the Securities of such series be overdue.. In case the Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Issuer or other obligor upon the Securities and collect in the manner provided by law out of the property of the Issuer or other obligor upon the Securities, wherever situated, all the moneys adjudged or decreed to be payable. In case there shall be pending proceedings relative to the Issuer or any other obligor upon the Securities under Title 11 of the United States Code or any other applicable federal or state bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Issuer or its property or such other obligor, or in case of any other comparable judicial proceedings relative to the Issuer or other obligor upon the Securities, or to the creditors or property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of the Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section, shall be entitled and empowered, by intervention in such proceedings or otherwise:

Appears in 3 contracts

Samples: Indenture (Exelon Generation Co LLC), Indenture (Exelon Generation Co LLC), Indenture (Exelon Generation Co LLC)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (i) in case If an Event of Default or a default shall be made in the payment of any installment of interest on any of the with respect to Securities of any series when such interest shall have become due occurs and payableis continuing, and such default shall have continued for a period of 30 days or (ii) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit in its own name and as trustee of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such seriesan express trust, and such Coupons, for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient entitled and empowered to cover all amounts due pursue any available remedy by proceedings at law or in equity to the Trustee, including reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. Until such demand is made by the Trustee, the Issuer may pay the collect any principal of and interest on the Securities of such series due and unpaid, or to enforce the performance of any series to the registered holders, whether or not provision of the Securities of such series or this Indenture, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Issuer or other obligor upon the Securities and collect in the manner provided by law out of the property of the Issuer or other obligor upon the Securities, wherever situated, the monies adjudged or decreed to be overdue.payable. In case there shall be pending proceedings relative to the Issuer or any other obligor upon the Securities under Title 11 of the United States Code or any other applicable U.S. federal or state or non-U.S. bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Issuer or its property or such other obligor, or in case of any other comparable judicial proceedings relative to the Issuer or other obligor upon the Securities, or to the creditors or property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of the Securities shall then be due and payable as therein expressed, by declaration or otherwise, shall be entitled and empowered, by intervention in such proceedings or otherwise, unless prohibited by applicable law and regulations:

Appears in 3 contracts

Samples: Deutsche Bank Aktiengesellschaft, Deutsche Bank Aktiengesellschaft, Deutsche Bank Aktiengesellschaft

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Company covenants that (ia) in case default shall be made in the payment of any installment of interest on or any Additional Amounts with respect to any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of or any of the premium, if any, on any Securities of any series or any Additional Amounts with respect thereto when the same shall have become due and payable, whether upon maturity Stated Maturity of the Securities of such series or upon any redemption or by declaration acceleration or otherwise, then upon demand of the TrusteeTrustee for such series, the Issuer Company will pay to the Trustee for the benefit of the Holders Holder of the Securities of any such series Security the whole amount that then shall have become due and payable on all Securities of any such seriesSecurity for the principal, premium, if any, and such Coupons, for principal or interest, as the case may be (if any, with interest to the date of such payment upon the overdue principal and premium, if any, and, to the extent that so far as payment of such interest the same is enforceable under applicable law, on overdue installments of interest and Additional Amounts, at the same rate as the rate of interest or Yield Overdue Rate applicable to Maturity (in the case of Original Issue Discount Securities) specified in the Securities of any such series)Security; and and, in addition thereto, such further amount as shall be sufficient to cover all the costs and expenses of collection, and any further amounts due payable to the Trustee, including reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counselcounsel pursuant to the provisions of Section 7.6. Until In case the Company shall fail forthwith to pay such demand is made by amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the Issuer collection of the sums so due and unpaid, and may pay prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the principal Company, the Guarantor or other obligor upon such Securities and collect in the manner provided by law out of the property of the Company, the Guarantor or other obligor upon such Securities, wherever situated, the moneys adjudged or decreed to be payable. The Trustee shall be entitled and interest empowered, either in its own name as trustee of an express trust, or as attorney-in-fact for the Holders of any of the Securities, or in both such capacities, to file such proof of debt, amendment of proof of debt, claim, petition or other document as may be necessary or advisable in order to have the claims of the Trustee and of the Holders of Securities allowed in any equity receivership, insolvency, bankruptcy, liquidation, readjustment, reorganization or other similar proceedings, or any judicial proceedings, relative to the Company, the Guarantor or any other obligor on the Securities or its creditors or its property. The Trustee is hereby irrevocably appointed (and the successive respective Holders of the Securities, by taking and holding the same, shall be conclusively deemed to have so appointed the Trustee) the true and lawful attorney-in-fact of the respective Holders of the Securities, with authority to make or file in the respective names of the Holders of the Securities any proof of debt, amendment of proof of debt, claim, petition or other document in any such proceedings and to receive payment of any series sums becoming distributable on account thereof, and to execute any other papers and documents and do and perform any and all acts and things for and on behalf of such Holders of the Securities as may be necessary or advisable in the opinion of the Trustee in order to have the respective claims of the Holders of the Securities against the Company, the Guarantor or any other obligor on the Securities and/or its property allowed in any such proceedings, and to receive payment of or on account of such claims; provided, however, that nothing herein contained shall be deemed to authorize or empower the Trustee to consent to or accept or adopt, on behalf of any Holder of Securities, any plan of reorganization or readjustment of the Company, the Guarantor or any other obligor on the Securities or, by other action of any character in any such proceeding, to waive or change in any way any right of any Holder of any Security, even though it may otherwise be entitled so to do under any present or future law, all such power or authorization being hereby expressly denied. All rights of action and of asserting claims under this Indenture or under any of the Securities may be enforced by the Trustee without the possession of any of the Securities or the production thereof in any trial or other proceedings relative thereto, and any such action or proceedings instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the registered holderspayment of the expenses, whether or not disbursements and compensation of the Trustee, each predecessor Trustee and their respective agents and attorneys, shall be for the ratable benefit of the holders of the Securities in respect of which such action was taken. In any proceedings brought by the Trustee (and also any proceedings involving the interpretation of any provision of this Indenture to which the Trustee shall be a party), the Trustee shall be held to represent all the Holders of the Securities in respect of which such action was taken, and it shall not be necessary to make any Holders of such series be overdueSecurities parties to any such proceedings.

Appears in 3 contracts

Samples: Platinum Underwriters Holdings LTD, Platinum Underwriters Holdings LTD, Platinum Underwriters Holdings LTD

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of or premium, if any, on any of the Securities of any series when the same shall have become due and payable, whether upon maturity Maturity of the Securities of such series or upon any redemption or by declaration or otherwise, otherwise or (c) in case of default in the making or satisfaction of any sinking fund payment or analogous obligation when the same becomes due by the terms of the Securities of any series--then upon demand of the TrusteeTrustee for such series, the Issuer will pay to the Trustee for the benefit of the Holder of any such Security (or Holders of the Securities of any such series of Securities in the case of clause (c) above) and the Holders of any Coupons appertaining thereto the whole amount that then shall have become due and payable on all any such Security (or Securities of any such seriesseries in the case of clause (c) above) and matured Coupons, if any, appertaining thereto for the principal, premium, if any, and such Coupons, for principal or interest, as the case may be (if any, with interest to the date of such payment upon the overdue principal and premium, if any, and, to the extent that so far as payment of such interest the same is enforceable under applicable law, on overdue installments of interest interest, at the same rate as the rate Overdue Rate applicable to any such Security (or Securities of interest or Yield to Maturity (any such series in the case of Original Issue Discount Securities) specified in the Securities of such seriesclause (c)); and and, in addition thereto, such further amount as shall be sufficient to cover all the costs and expenses of collection and any further amounts due payable to the Trustee pursuant to the provisions of Section 7.6. In case the Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee, including reasonable compensationin its own name and as trustee of an express trust, expenses, disbursements shall be entitled and advances empowered to institute any action or proceedings at law or in equity for the collection of the Trusteesums so due and unpaid and may prosecute any such action or proceedings to judgment or final decree and may enforce any such judgment or final decree against the Issuer or other obligor upon such Securities (or Securities of any such series in the case of clause (c)) and Coupons and collect in the manner provided by law out of the property of the Issuer or other obligor upon such Securities (or Securities of any such series in the case of clause (c)) and Coupons, wherever situated, the moneys adjudged or decreed to be payable. The Trustee for any series of the Securities shall be entitled and empowered, either in its agents own name as trustee of an express trust, or as attorney-in-fact for the Holders of any of the Securities of such series and counselfor the Holders of any Coupons appertaining thereto or in both such capacities, to file such proof of debt, amendment of proof of debt, claim, petition or other document as may be necessary or advisable in order to have the claims of the Trustee and of the Holders of Securities of such series and the Holders of any Coupons appertaining thereto allowed in any equity receivership, insolvency, bankruptcy, liquidation, readjustment, reorganization or other similar proceedings, or any judicial proceedings, relative to the Issuer or any other obligor on the Securities of such series and any Coupons appertaining thereto or its creditors or its property. Until The Trustee for each series of the Securities is hereby irrevocably appointed (and the successive respective Holders of the Securities of such demand is made series and the Holders of any Coupons appertaining thereto, by taking and holding the same, shall be conclusively deemed to have so appointed the Trustee) the true and lawful attorney-in-fact of the respective Holders of the Securities of such series and the Holders of any Coupons appertaining thereto, with authority to make or file in the respective names of the Holders of the Securities of such series and the Holders of any Coupons appertaining thereto or on behalf of all the Holders of Securities of all series and the Holders of any Coupons appertaining thereto for which it is Trustee any proof of debt, amendment of proof of debt, claim, petition or other document in any such proceedings and to receive payment of any sums becoming distributable on account thereof, and to execute any other papers and documents and do and perform any and all acts and things for and on behalf of such Holders of the Securities of such series and the Holders of any Coupons appertaining thereto, as may be necessary or advisable in the opinion of the Trustee in order to have the respective claims of the Holders of the Securities of such series and the Holders of any Coupons appertaining thereto against the Issuer may pay or any other obligor on the principal Securities of such series and interest any Coupons appertaining thereto and/or its property allowed in any such proceedings, and to receive payment of or on account of such claims in moneys or such other properties payable therefor and to distribute the same; provided, however, that nothing herein contained shall be deemed to authorize or empower the Trustee to consent to or accept or adopt, on behalf of any Holder of Securities of any series or any Holder of any Coupons appertaining thereto, any plan of reorganization, arrangement or readjustment of the Issuer or any other obligor on the Securities of any series and any Coupons appertaining thereto or, by other action of any character in any such proceeding, to the registered holderswaive or change in any way any right of any Holder of any Security of any series or any Holder of any Coupon appertaining thereto even though it may otherwise be entitled so to do under any present or future law, whether all such power or not authorization being thereby expressly denied. All rights of action and of asserting claims under this Indenture, or under any of the Securities of any series or Coupons appertaining thereto, may be enforced by the Trustee for such series without the possession of any of the Securities of any series or Coupons appertaining thereto, or the production thereof on any trial or other proceedings relative thereto, and any such action or proceedings instituted by the Trustee shall be overduebrought in its own name as trustee of an express trust, and any recovery of judgment, subject to the payment of the expenses, disbursements and compensation of the Trustee for such series, each predecessor Trustee and their respective agents and attorneys, shall be for the ratable benefit of the holders of the Securities or Coupons in respect of which such action was taken. In any proceedings brought by the Trustee (and also any proceedings involving the interpretation of any provision of this Indenture to which the Trustee shall be party) the Trustee shall be held to represent all the Holders of the Securities in respect of which such action was taken, and it shall not be necessary to make any Holders of such Securities parties to any such proceedings.

Appears in 2 contracts

Samples: Itt Corp /Nv/, Itt Corp /Nv/

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Company covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of or any of the premium, if any, on any Securities of any series when the same shall have become due and payable, whether upon maturity Stated Maturity of the Securities of such series or upon any redemption or by declaration acceleration or otherwise, otherwise or (c) in case of default in the making or satisfaction of any sinking fund payment or analogous obligation when the same becomes due by the terms of the Securities of any series -- then upon demand of the TrusteeTrustee for such series, the Issuer Company will pay to the Trustee for the benefit of the Holder of any such Security (or Holders of the Securities of any such series of Securities in the case of clause (c) above) the whole amount that then shall have become due and payable on all any such Security (or Securities of any such seriesseries in the case of clause (c) above) for the principal, premium, if any, and such Coupons, for principal or interest, as the case may be (if any, with interest to the date of such payment upon the overdue principal and premium, if any, and, to the extent that so far as payment of such interest the same is enforceable under applicable law, on overdue installments of interest interest, at the same rate as the rate Overdue Rate applicable to any such Security (or Securities of interest or Yield to Maturity (any such series in the case of Original Issue Discount Securities) specified in the Securities of such seriesclause (c)); and and, in addition thereto, such further amount as shall be sufficient to cover all the costs and expenses of collection, and any further amounts due payable to the Trustee, including reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counselcounsel pursuant to the provisions of Section 7.6. Until In case the Company shall fail forthwith to pay such demand is made by amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the Issuer collection of the sums so due and unpaid, and may pay prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the principal Company or other obligor upon such Securities (or Securities of any such series in case of clause (c)) and interest collect in the manner provided by law out of the property of the Company or other obligor upon such Securities (or Securities of any such series in case of clause (c)), wherever situated, the moneys adjudged or decreed to be payable. The Trustee shall be entitled and empowered, either in its own name as trustee of an express trust, or as attorney-in- fact for the Holders of any of the Securities, or in both such capacities, to file such proof of debt, amendment of proof of debt, claim, petition or other document as may be necessary or advisable in order to have the claims of the Trustee and of the Holders of Securities allowed in any equity receivership, insolvency, bankruptcy, liquidation, readjustment, reorganization or other similar proceedings, or any judicial proceedings, relative to the Company or any other obligor on the Securities or its creditors or its property. The Trustee is hereby irrevocably appointed (and the successive respective Holders of the Securities, by taking and holding the same, shall be conclusively deemed to have so appointed the Trustee) the true and lawful attorney-in-fact of the respective Holders of the Securities, with authority to make or file in the respective names of the Holders of the Securities any proof of debt, amendment of proof of debt, claim, petition or other document in any such proceedings and to receive payment of any series sums becoming distributable on account thereof, and to execute any other papers and documents and do and perform any and all acts and things for and on behalf of such Holders of the Securities as may be necessary or advisable in the opinion of the Trustee in order to have the respective claims of the Holders of the Securities against the Company or any other obligor on the Securities and/or its property allowed in any such proceedings, and to receive payment of or on account of such claims; provided, however, that nothing herein contained shall be deemed to authorize or empower the Trustee to consent to or accept or adopt, on behalf of any Holder of Securities, any plan of reorganization or readjustment of the Company or any other obligor on the Securities or, by other action of any character in any such proceeding, to waive or change in any way any right of any Holder of any Security, even though it may otherwise be entitled so to do under any present or future law, all such power or authorization being hereby expressly denied. All rights of action and of asserting claims under this Indenture or under any of the Securities may be enforced by the Trustee without the possession of any of the Securities or the production thereof in any trial or other proceedings relative thereto, and any such action or proceedings instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the registered holderspayment of the expenses, whether or not disbursements and compensation of the Trustee, each predecessor Trustee and their respective agents and attorneys, shall be for the ratable benefit of the holders of the Securities in respect of which such action was taken. In any proceedings brought by the Trustee (and also any proceedings involving the interpretation of any provision of this Indenture to which the Trustee shall be a party) the Trustee shall be held to represent all the Holders of the Securities in respect of which such action was taken, and it shall not be necessary to make any Holders of such series be overdueSecurities parties to any such proceedings.

Appears in 2 contracts

Samples: Indenture (Covanta Capital Trust Iii), Covanta Capital Trust Iii

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days days, or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, for principal or and interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts the costs and expenses of collection, and such other amount due to the Trustee, including reasonable compensation, expenses, disbursements and advances Trustee under Section 6.6 in respect of the Trustee, its agents and counselSecurities of such series. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holdersHolders, whether or not the Securities of such series be overdue.. In case the Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Issuer or other obligor upon the Securities and collect in the manner provided by law out of the property of the Issuer or other obligor upon the Securities, wherever situated, all the moneys adjudged or decreed to be payable. In case there shall be pending proceedings relative to the Issuer or any other obligor upon the Securities under Title 11 of the United States Code or any other applicable Federal or state bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Issuer or its property or such other obligor, or in case of any other comparable judicial proceedings relative to the Issuer or other obligor upon the Securities, or to the creditors or property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of the Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section, shall be entitled and empowered, by intervention in such proceedings or otherwise:

Appears in 2 contracts

Samples: Indenture (Shapeways Holdings, Inc.), Indenture (PayPal Holdings, Inc.)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, series for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trusteecosts and expenses of collection, including reasonable compensation, expenses, disbursements compensation to the Trustee and advances of the each predecessor Trustee, its agents their respective agents, attorneys and counsel, and any expenses and liabilities incurred by the Trustee and each predecessor. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holders, whether or not the principal of and interest on the Securities of such series be overdue.. In case the Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Issuer or other obligor upon such Securities and collect in the manner provided by law out of the property of the Issuer or other obligor upon such Securities, wherever situated, the moneys adjudged or decreed to be payable. In case there shall be pending proceedings relative to the Issuer or any other obligor upon the Securities under Bankruptcy Law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Issuer or its property or such other obligor, or in case of any other comparable judicial proceedings relative to the Issuer or other obligor upon the Securities of any series, or to the creditors or property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of any Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section, shall be entitled and empowered, by intervention in such proceedings or otherwise:

Appears in 2 contracts

Samples: Indenture (Trinet Group Inc), Indenture (Trinet Group, Inc.)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Company covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of or any of the premium, if any, on any Securities of any series when the same shall have become due and payable, whether upon maturity Stated Maturity of the Securities of such series or upon any redemption or by declaration acceleration or otherwise, otherwise or (c) in case of default in the making or satisfaction of any sinking fund payment or analogous obligation when the same becomes due by the terms of the Securities of any series -- then upon demand of the TrusteeTrustee for such series, the Issuer Company will pay to the Trustee for the benefit of the Holder of any such Security (or Holders of the Securities of any such series of Securities in the case of clause (c) above) the whole amount that then shall have become due and payable on all any such Security (or Securities of any such seriesseries in the case of clause (c) above) for the principal, premium, if any, and such Coupons, for principal or interest, as the case may be (if any, with interest to the date of such payment upon the overdue principal and premium, if any, and, to the extent that so far as payment of such interest the same is enforceable under applicable law, on overdue installments of interest interest, at the same rate as the rate Overdue Rate applicable to any such Security (or Securities of interest or Yield to Maturity (any such series in the case of Original Issue Discount Securities) specified in the Securities of such seriesclause (c)); and and, in addition thereto, such further amount as shall be sufficient to cover all the costs and expenses of collection, and any further amounts due payable to the Trustee, including reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counselcounsel pursuant to the provisions of Section 7.6. Until In case the Company shall fail forthwith to pay such demand is made by amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the Issuer collection of the sums so due and unpaid, and may pay prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the principal Company or other obligor upon such Securities (or Securities of any such series in case of clause (c)) and interest collect in the manner provided by law out of the property of the Company or other obligor upon such Securities (or Securities of any such series in case of clause (c)), wherever situated, the moneys adjudged or decreed to be payable. The Trustee shall be entitled and empowered, either in its own name as trustee of an express trust, or as attorney-in-fact for the Holders of any of the Securities, or in both such capacities, to file such proof of debt, amendment of proof of debt, claim, petition or other document as may be necessary or advisable in order to have the claims of the Trustee and of the Holders of Securities allowed in any equity receivership, insolvency, bankruptcy, liquidation, readjustment, reorganization or other similar proceedings, or any judicial proceedings, relative to the Company or any other obligor on the Securities or its creditors or its property. The Trustee is hereby irrevocably appointed (and the successive respective Holders of the Securities, by taking and holding the same, shall be conclusively deemed to have so appointed the Trustee) the true and lawful attorney-in-fact of the respective Holders of the Securities, with authority to make or file in the respective names of the Holders of the Securities any proof of debt, amendment of proof of debt, claim, petition or other document in any such proceedings and to receive payment of any series sums becoming distributable on account thereof, and to execute any other papers and documents and do and perform any and all acts and things for and on behalf of such Holders of the Securities as may be necessary or advisable in the opinion of the Trustee in order to have the respective claims of the Holders of the Securities against the Company or any other obligor on the Securities and/or its property allowed in any such proceedings, and to receive payment of or on account of such claims; PROVIDED, HOWEVER, that nothing herein contained shall be deemed to authorize or empower the Trustee to consent to or accept or adopt, on behalf of any Holder of Securities, any plan of reorganization or readjustment of the Company or any other obligor on the Securities or, by other action of any character in any such proceeding, to waive or change in any way any right of any Holder of any Security, even though it may otherwise be entitled so to do under any present or future law, all such power or authorization being hereby expressly denied. All rights of action and of asserting claims under this Indenture or under any of the Securities may be enforced by the Trustee without the possession of any of the Securities or the production thereof in any trial or other proceedings relative thereto, and any such action or proceedings instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the registered holderspayment of the expenses, whether or not disbursements and compensation of the Trustee, each predecessor Trustee and their respective agents and attorneys, shall be for the ratable benefit of the holders of the Securities in respect of which such action was taken. In any proceedings brought by the Trustee (and also any proceedings involving the interpretation of any provision of this Indenture to which the Trustee shall be a party) the Trustee shall be held to represent all the Holders of the Securities in respect of which such action was taken, and it shall not be necessary to make any Holders of such series be overdueSecurities parties to any such proceedings.

Appears in 2 contracts

Samples: Idaho Power Co, Idaho Power Co

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise--then, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, series for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trusteecosts and expenses of collection, including reasonable compensation, expenses, disbursements compensation to the Trustee and advances of the each predecessor Trustee, its agents their respective agents, attorneys and counsel, and any expenses and liabilities incurred, and all advances made, by the Trustee and each predecessor Trustee except as a result of its negligence or bad faith. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holders, whether or not the principal of and interest on the Securities of such series be overdue.. In case the Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the In case there shall be pending proceedings relative to the Issuer or any other obligor upon the Securities under Title 11 of the United States Code or any other applicable Federal or state bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Issuer or its property or such other obligor, or in case of any other comparable judicial proceedings relative to the Issuer or other obligor upon the Securities of any series, or to the creditors or property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of any Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section, shall be entitled and empowered, by intervention in such proceedings or otherwise:

Appears in 2 contracts

Samples: Indenture (Universal Health Services Inc), Indenture (Universal Health Services Inc)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Province covenants that if (i) in case default there shall be made a default in the payment of any installment of interest (including Additional Amounts) on any Series of the Debt Securities of any series when such interest (including Additional Amounts) shall have become due and payable, and such default shall have continued for a period specified in the Terms of 30 days the Debt Securities, or (ii) in case default there shall be made a default in the payment of all or any part of the principal of any Series of the Debt Securities of any series when the same shall have become due and payable, whether upon maturity or by acceleration or otherwise, and such default shall have continued for a period specified in the Terms of the Securities of such series or upon any redemption or by declaration or otherwiseDebt Securities, then upon demand of the Holders of not less than 25% of the aggregate Outstanding principal amount of such Series of Debt Securities (with a copy to the Trustee), the Issuer Province will pay to the Trustee for the benefit of the Holders of the such Debt Securities of such series the whole amount that then shall have become due and payable on all such Debt Securities of such seriesfor principal, and such Couponspremium, for principal or interestif any, as the case may be (with and interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable lawshall be legally enforceable, interest on any overdue installments of interest interest, at the same rate as the rate of interest or Yield to Maturity (rates prescribed therefor in the case of Original Issue Discount such Debt Securities) specified in the Securities of such series); and , and, in addition thereto, the Province shall pay or cause to be paid such further amount as shall be sufficient to cover all amounts due to the Trusteedocumented costs and expenses of collection reasonably incurred, including reasonable compensationcompensation to the Trustee and each predecessor trustee, expensestheir respective agents, disbursements and advances of the Trustee, its agents attorneys and counsel. Until such demand is made , and any documented expenses and liabilities reasonably incurred, and all documented advances reasonably made, by the Trustee, the Issuer may pay the principal Trustee and each predecessor trustee except as a result of and interest on the Securities of any series to the registered holders, whether their negligence or not the Securities of such series be overduewillful misconduct.

Appears in 2 contracts

Samples: Indenture, static1.squarespace.com

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of or any of the premium, if any, on any Securities of any series when the same shall have become due and payable, whether upon maturity Maturity of the Securities of such series or upon any redemption or by declaration or otherwise, otherwise or (c) in case of default in the making or satisfaction of any sinking fund payment or analogous obligation when the same becomes due by the terms of the Securities of any series--then upon demand of the TrusteeTrustee for such series, the Issuer will pay to the Trustee for the benefit of the Holder of any such Security (or Holders of the Securities of any such series of Securities in the case of clause (c) above) and the Holders of any Coupons appertaining thereto the whole amount that then shall have become due and payable on all any such Security (or Securities of any such seriesseries in the case of clause (c) above) and matured Coupons, if any, appertaining thereto for the principal, premium, if any, and such Coupons, for principal or interest, as the case may be (if any, with interest to the date of such payment upon the overdue principal and premium, if any, and, to the extent that so far as payment of such interest the same is enforceable under applicable law, on overdue installments of interest interest, at the same rate as the rate Overdue Rate applicable to any such Security (or Securities of interest or Yield to Maturity (any such series in the case of Original Issue Discount Securities) specified in the Securities of such seriesclause (c)); and and, in addition thereto, such further amount as shall be sufficient to cover all the costs and expenses of collection and any further amounts due payable to the Trustee pursuant to the provisions of Section 7.6. In case the Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee, including reasonable compensationin its own name and as trustee of an express trust, expenses, disbursements shall be entitled and advances empowered to institute any action or proceedings at law or in equity for the collection of the Trusteesums so due and unpaid and may prosecute any such action or proceedings to judgment or final decree and may enforce any such judgment or final decree against the Issuer or other obligor upon such Securities (or Securities of any such series in the case of clause (c)) and Coupons and collect in the manner provided by law out of the property of the Issuer or other obligor upon such Securities (or Securities of any such series in the case of clause (c)) and Coupons, wherever situated, the moneys adjudged or decreed to be payable. The Trustee for any series of the Securities shall be entitled and empowered, either in its agents own name as trustee of an express trust, or as attorney-in-fact for the Holders of any of the Securities of such series and counselfor the Holders of any Coupons appertaining thereto or in both such capacities, to file such proof of debt, amendment of proof of debt, claim, petition or other document as may be necessary or advisable in order to have the claims of the Trustee and of the Holders of Securities of such series and the Holders of any Coupons appertaining thereto allowed in any equity receivership, insolvency, bankruptcy, liquidation, readjustment, reorganization or other similar proceedings, or any judicial proceedings, relative to the Issuer or any other obligor on the Securities of such series and any Coupons appertaining thereto or its creditors or its property. Until The Trustee for each series of the Securities is hereby irrevocably appointed (and the successive respective Holders of the Securities of such demand is made series and the Holders of any Coupons appertaining thereto, by taking and holding the same, shall be conclusively deemed to have so appointed the Trustee) the true and lawful attorney-in-fact of the respective Holders of the Securities of such series and the Holders of any Coupons appertaining thereto, with authority to make or file in the respective names of the Holders of the Securities of such series and the Holders of any Coupons appertaining thereto or on behalf of all the Holders of Securities of all series and the Holders of any Coupons appertaining thereto for which it is Trustee any proof of debt, amendment of proof of debt, claim, petition or other document in any such proceedings and to receive payment of any sums becoming distributable on account thereof, and to execute any other papers and documents and do and perform any and all acts and things for and on behalf of such Holders of the Securities of such series and the Holders of any Coupons appertaining thereto, as may be necessary or advisable in the opinion of the Trustee in order to have the respective claims of the Holders of the Securities of such series and the Holders of any Coupons appertaining thereto against the Issuer may pay or any other obligor on the principal Securities of such series and interest any Coupons appertaining thereto and/or its property allowed in any such proceedings, and to receive payment of or on account of such claims in moneys or such other properties payable therefor and to distribute the same; provided, however, that nothing herein contained shall be deemed to authorize or empower the Trustee to consent to or accept or adopt, on behalf of any Holder of Securities of any series or any Holder of any Coupons appertaining thereto, any plan of reorganization, arrangement or readjustment of the Issuer or any other obligor on the Securities of any series and any Coupons appertaining thereto or, by other action of any character in any such proceeding, to the registered holderswaive or change in any way any right of any Holder of any Security of any series or any Holder of any Coupon appertaining thereto even though it may otherwise be entitled so to do under any present or future law, whether all such power or not authorization being thereby expressly denied. All rights of action and of asserting claims under this Indenture, or under any of the Securities of any series or Coupons appertaining thereto, may be enforced by the Trustee for such series without the possession of any of the Securities of any series or Coupons appertaining thereto, or the production thereof on any trial or other proceedings relative thereto, and any such action or proceedings instituted by the Trustee shall be overduebrought in its own name as trustee of an express trust, and any recovery of judgment, subject to the payment of the expenses, disbursements and compensation of the Trustee for such series, each predecessor Trustee and their respective agents and attorneys, shall be for the ratable benefit of the holders of the Securities or Coupons in respect of which such action was taken. In any proceedings brought by the Trustee (and also any proceedings involving the interpretation of any provision of this Indenture to which the Trustee shall be party) the Trustee shall be held to represent all the Holders of the Securities in respect of which such action was taken, and it shall not be necessary to make any Holders of such Securities parties to any such proceedings.

Appears in 2 contracts

Samples: Itt Corp /Nv/, Itt Corp /Nv/

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Company covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Subordinated Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days days, or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Subordinated Securities of any series when the same shall have become due and payable, whether upon maturity Maturity of the Subordinated Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer Company will pay to the Trustee for the benefit of the Holders of the Subordinated Securities of such series the whole amount that then shall have become due and payable on all Subordinated Securities of such series, and such Coupons, for principal or and interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest at the same rate as the rate of interest or Yield to Maturity (in the case of Original Issue Discount Subordinated Securities) specified in the Subordinated Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts the costs and expenses of collection, and such other amount due to the Trustee, including reasonable compensation, expenses, disbursements and advances Trustee under Section 6.6 in respect of the Trustee, its agents and counselSubordinated Securities of such series. Until such demand is made by the Trustee, the Issuer Company may pay the principal of and interest on the Subordinated Securities of any series to the registered holdersHolders, whether or not the Subordinated Securities of such series be overdue.

Appears in 2 contracts

Samples: Subordinated Indenture (Quadramed Corp), Healthsouth Corp

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Company covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days days, or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity Maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer Company will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, for principal or and interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts the costs and expenses of collection, and such other amount due to the Trustee, including reasonable compensation, expenses, disbursements and advances Trustee under Section 6.6 in respect of the Trustee, its agents and counselSecurities of such series. Until such demand is made by the Trustee, the Issuer Company may pay the principal of and interest on the Securities of any series to the registered holdersHolders, whether or not the Securities of such series be overdue.

Appears in 1 contract

Samples: Indenture (Healthsouth Corp)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days __ days, or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, for principal or and interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts the costs and expenses of collection, and such other amount due to the Trustee, including reasonable compensation, expenses, disbursements and advances Trustee under Section 6.6 in respect of the Trustee, its agents and counselSecurities of such series. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holdersHolders, whether or not the Securities of such series be overdue.. In case the Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Issuer or other obligor upon the Securities and collect in the manner provided by law out of the property of the Issuer or other obligor upon the Securities, wherever situated, all the moneys adjudged or decreed to be payable. In case there shall be pending proceedings relative to the Issuer or any other obligor upon the Securities under Title 11 of the United States Code or any other applicable federal or state bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Issuer or its property or such other obligor, or in case of any other comparable judicial proceedings relative to the Issuer or other obligor upon the Securities, or to the creditors or property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of the Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section, shall be entitled and empowered, by intervention in such proceedings or otherwise:

Appears in 1 contract

Samples: Indenture (C Cor Net Corp)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise—then, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, series for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trusteecosts and expenses of collection, including reasonable compensation, expenses, disbursements compensation to the Trustee and advances of the each predecessor Trustee, its agents their respective agents, attorneys and counsel, and any expenses and liabilities incurred, and all advances made, by the Trustee and each predecessor Trustee except as a result of its negligence or bad faith. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holders, whether or not the principal of and interest on the Securities of such series be overdue.. In case the Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Issuer or other obligor upon such Securities and collect in the manner provided by law out of the property of the Issuer or other obligor upon such Securities, wherever situated, the moneys adjudged or decreed to be payable. In case there shall be pending proceedings relative to the Issuer or any other obligor upon the Securities under Title 11 of the United States Code or any other applicable Federal or state bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Issuer or its property or such other obligor, or in case of any other comparable judicial proceedings relative to the Issuer or other obligor upon the Securities of any series, or to the creditors or property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of any Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section, shall be entitled and empowered, by intervention in such proceedings or otherwise:

Appears in 1 contract

Samples: Indenture (Universal Health Realty Income Trust)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (iif an Event of Default specified in Section 4.01(a) in case default shall be made in the payment of any installment of interest on any of the or Section 4.01(b) occurs and is continuing with respect to Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (ii) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwiseseries, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, series for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trusteecosts and expenses of collection, including reasonable compensation, expenses, disbursements compensation to the Trustee and advances of the each predecessor Trustee, its agents their respective agents, attorneys and counsel, and any expenses and liabilities incurred by the Trustee and each predecessor Trustee except as a result of its negligence or bad faith. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holdersHolders, whether or not the principal of and interest on the Securities of such series be overdue.. In case the Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Issuer or other obligor upon such Securities and collect in the manner provided by law out of the property of the Issuer or other obligor upon such Securities, wherever situated, the moneys adjudged or decreed to be payable. In case there shall be pending proceedings relative to the Issuer or any other obligor upon the Securities of any series under Bankruptcy Law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Issuer or its property or such other obligor, or in case of any other comparable judicial proceedings relative to the Issuer or other obligor upon the Securities of any series, or to the creditors or property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of any Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section, shall be entitled and empowered, by intervention in such proceedings or otherwise:

Appears in 1 contract

Samples: Everett SpinCo, Inc.

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, series for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due the costs, fees and expenses of collection, including reasonable compensation to the Trustee, including reasonable compensationtheir respective agents, expensesattorneys and counsel, disbursements and advances of any fees, expenses and liabilities incurred by the Trustee, its agents and counsel. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holdersHolders, whether or not the principal of and interest on the Securities of such series be overdue.. In case the Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Issuer or other obligor upon such Securities and collect in the manner provided by law out of the Property of the Issuer or other obligor upon such Securities, wherever situated, the moneys adjudged or decreed to be payable. In case there shall be pending proceedings relative to the Issuer or any other obligor upon the Securities under Bankruptcy Law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Issuer or its Property or such other obligor, or in case of any other comparable judicial proceedings relative to the Issuer or other obligor upon the Securities of any series, or to the creditors or Property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of any Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section, shall be entitled and empowered, by intervention in such proceedings or otherwise:

Appears in 1 contract

Samples: Workday, Inc.

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Company covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series Series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days days, or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series Series when the same shall have become due and payable, whether upon maturity of the Securities of such series Series or upon any redemption or by declaration or otherwise, then upon demand of the TrusteeTrustee for the Securities of such Series, the Issuer Company will pay to the Trustee for the Securities of such Series for the benefit of the Holders of the Securities of such series Series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, Series for principal of or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such seriesSeries); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trusteecosts and expenses of collection, including reasonable compensationcompensation to, and all expenses, disbursements and advances of the Trustee, its agents and counsel. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holders, whether or not the Securities of such series be overdue.

Appears in 1 contract

Samples: Indenture (Wellpoint Health Networks Inc /Ca/)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a1) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due the costs and expenses of collection, including compensation to the Trustee and each predecessor Trustee, including reasonable compensationtheir respective agents, expenses, disbursements and advances of the Trustee, its agents attorneys and counsel, and any expenses and liabilities incurred, and all advances made, by the Trustee and each predecessor Trustee except as caused by its own negligence or willful misconduct. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holders, whether or not the Securities of such series be overdue.

Appears in 1 contract

Samples: Aflac Inc

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment instalment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of or premium, if any, on any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all such Securities of such seriesfor principal, and such Couponspremium, for principal if any, or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest at the same rate as the rate of interest or Yield to Maturity (specified in the case Securities, giving effect to accrual of Original Issue Discount Securities) specified in the Securities of such seriesDiscount); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trusteecosts and expenses of collection, including reasonable compensation, expenses, disbursements compensation to the Trustee and advances of the each predecessor Trustee, its agents their respective agents, attorneys and counsel, and any expense and liabili ties incurred, and all advances made, by the Trustee and each predecessor Trustee except as a result of its negligence or bad faith. Until such demand is made by the Trustee, the Issuer may pay the principal of and premium, if any, and interest on the Securities of any series to the registered holdersHolders, whether or not the Securities of such series be overdue.. In case the Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Issuer or other obligor upon the Securi ties and collect in the manner provided by law out of the property of the Issuer or other obligor upon the Securities, wherever situated, the moneys adjudged or decreed to be payable. In case there shall be pending proceedings relative to the Issuer or any other obligor upon the Securities under Title 11 of the United States Code or any other applicable Federal or state bankruptcy, insolvency, reorganization or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Issuer or its property or such other obligor, or in case of any other comparable judicial proceedings relative to the Issuer or other obligor upon the Securities, or to the creditors or property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of the Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section, shall be entitled and empowered, by intervention in such proceedings or otherwise:

Appears in 1 contract

Samples: Indenture (American Tower Corp /Ma/)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Company covenants that (i1) in the case default shall be made in the payment of any installment of interest on any of the Securities of any series Series, as and when such interest the same shall have become due and payable, and such default shall have continued for a period of 30 days 90 days, or (ii2) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series Series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by upon declaration or otherwiseotherwise -- then, then upon demand of the Trustee, the Issuer Company will pay to the Trustee Trustee, for the benefit of the Holders of the Securities of such series Series, the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, Series for principal or (and premium, if any) and interest, as the case may be (with interest to the date of such payment upon the any overdue principal and(and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law, on ) upon any 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 the Securities of such series); and Series, and, in addition thereto, such further amount as shall be sufficient to cover all amounts due reasonable compensation to the Trustee, including reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and all other amounts due the Trustee under Section 7.07. Until In case the Company shall fail forthwith to pay such demand is made by amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the Issuer collection of the sums so due and unpaid, and may pay prosecute any such action or proceedings to judgment or final decree and may enforce any such judgment or final decree against the principal Company or other obligor upon such Securities and collect in the manner provided by law out of and interest on the property of the Company or other obligor upon such Securities wherever situated the moneys adjudged or decreed to be payable. In case there shall be pending proceedings relative to the Company or any other obligor upon the Securities under Title 11 of the United States Code or any other applicable federal or state bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Company or its property or such other obligor, or in case of any other judicial proceedings relative to the Company or other obligor upon the Securities of any series Series, or to the registered holderscreditors or property of the Company or such other obligor, the Trustee, irrespective of whether the principal of any Securities shall then be due and payable as therein expressed or not by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section 6.02, shall be entitled and empowered, by intervention in such proceedings or otherwise, (a) to file and prove a claim or claims for the whole amount of principal (or, if the Securities of any Series are Original Issue Discount Securities, such series portion of the principal amount as may be overdue.specified in the terms of such Series), premium, if any, and interest paid and unpaid in respect of the Securities of any Series and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for reasonable compensation to the Trustee, its agents and counsel, and for reimbursement of all amounts due the Trustee under Section 7.07) and of the Securityholders allowed in any judicial proceedings relative to the Company or other obligor upon the Securities of any Series, or to the creditors or property of the Company or such other obligor, (b) unless prohibited by applicable law and regulations, to vote on behalf of the Holders of the Securities of

Appears in 1 contract

Samples: Indenture (At&t Capital Corp /De/)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Republic covenants that if (i) in case default there shall be made a default in the payment of any installment of interest (including Additional Amounts) on any Series of the Debt Securities of any series when such interest (including Additional Amounts) shall have become due and payable, and such default shall have continued for a period specified in the Terms of 30 days the Debt Securities, or (ii) in case default there shall be made a default in the payment of all or any part of the principal of any Series of the Debt Securities of any series when the same shall have become due and payable, whether upon maturity or by acceleration or otherwise, and such default shall have continued for a period specified in the Terms of the Securities of such series or upon any redemption or by declaration or otherwiseDebt Securities, then upon demand of the Holders of not less than 25% of the aggregate Outstanding principal amount of such Series of Debt Securities (with a copy to the Trustee), the Issuer Republic will pay to the Trustee for the benefit of the Holders of the such Debt Securities of such series the whole amount that then shall have become due and payable on all such Debt Securities of such seriesfor principal, and such Couponspremium, for principal or interestif any, as the case may be (with and interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable lawshall be legally enforceable, interest on any overdue installments of interest interest, at the same rate as the rate of interest or Yield to Maturity (rates prescribed therefor in the case of Original Issue Discount such Debt Securities) specified in the Securities of such series); and , and, in addition thereto, the Republic shall pay or cause to be paid such further amount as shall be sufficient to cover all amounts due to the Trusteedocumented costs and expenses of collection reasonably incurred, including reasonable compensationcompensation to the Trustee and each predecessor trustee, expensestheir respective agents, disbursements and advances of the Trustee, its agents attorneys and counsel. Until such demand is made , and any documented expenses and liabilities reasonably incurred, and all documented advances reasonably made, by the Trustee, the Issuer may pay the principal Trustee and each predecessor trustee except as a result of and interest on the Securities of any series to the registered holders, whether their negligence or not the Securities of such series be overduewillful misconduct.

Appears in 1 contract

Samples: First Supplemental Indenture (Republic of Chile)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Company covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series Series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days days, or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series Series when the same shall have become due and payable, whether upon maturity of the Securities of such series Series or upon any redemption or by declaration or otherwise, then upon demand of the TrusteeTrustee for the Securities of such Series, the Issuer Company will pay to the Trustee for the Securities of such Series for the benefit of the Holders of the Securities of such series Series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, Series for principal of or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such seriesSeries); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trusteecosts and expenses of collection, including reasonable compensationcompensation to, expensesand all expenses and liabilities incurred and all advances made by, disbursements the Trustee and advances of the Trusteeeach predecessor Trustee and their respective agents, its agents attorneys and counsel. Until such demand is made by the Trustee, the Issuer Company may pay the principal of and interest on the Securities of any series Series to the registered holderspersons entitled thereto, whether or not the principal of and interest on the Securities of such series Series are overdue. In case the Company shall fail forthwith to pay such amounts upon such demand, the Trustee for the Securities of such series, in its own name and as trustee of an express trust, shall be overdue.entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon such Securities and collect in the manner provided by law out of the property of the Company or other obligor upon such Securities, wherever situated, the moneys adjudged or decreed to be payable. In case there shall be pending proceedings relative to the Company or any other obligor upon the Securities under Title 11 of the United States Code or any other applicable Federal or state bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Company or its property or such other obligor, or in case of any other comparable judicial proceedings relative to the Company or other obligor under the Securities of any Series, or to the creditors or property of the Company or such other obligor, the Trustee, irrespective of whether the principal of any Securities shall then be due and payable as therein expressed (or by declaration or otherwise and irrespective of whether the Trustee shall have

Appears in 1 contract

Samples: Wellpoint Health Networks Inc /Ca/

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (i) in case (a) default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then in either such case, upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, series for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest at as the same rate as the rate of interest or Yield to Maturity (in the case of Original Issue Discount Securities) specified in the Securities of such the series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trusteecosts and expenses of collection, including reasonable compensation, expenses, disbursements compensation to the Trustee and advances of the each predecessor Trustee, its their respective agents and counsel, and any reasonable expenses and liabilities incurred by, and all advances made by, and all amounts due, the Trustee and each predecessor Trustee under Section 6.06 herein except as a result of its negligence or bad faith. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holders, whether or not the principal of and interest on the Securities of such series be are overdue.

Appears in 1 contract

Samples: Science Applications International Corp

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (i) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (ii) in case default shall be made in the payment of all or any part of the principal or any Additional Amounts of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, for principal principal, interest or interestAdditional Amounts, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trustee, including reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holders, whether or not the Securities of such series be overdue.

Appears in 1 contract

Samples: Senior Indenture (Enstar Group LTD)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of or any of the premium, if any, on any Securities of any series when the same shall have become due and payable, whether upon maturity Stated Maturity of the Securities of such series or upon any redemption or by declaration acceleration or otherwise, otherwise or (c) in case of default in the making or satisfaction of any sinking fund payment or analogous obligation when the same becomes due by the terms of the Securities of any series -- then upon demand of the TrusteeTrustee for such series, the Issuer will pay to the Trustee for the benefit of the Holder of any such Security (or Holders of the Securities of any such series of Securities in the case of clause (c) above) the whole amount that then shall have become due and payable on all any such Security (or Securities of any such seriesseries in the case of clause (c) above) for the principal, premium, if any, and such Coupons, for principal or interest, as the case may be (if any, with interest to the date of such payment upon the overdue principal and premium, if any, and, to the extent that so far as payment of such interest the same is enforceable under applicable law, on overdue installments of interest interest, at the same rate as the rate Overdue Rate applicable to any such Security (or Securities of interest or Yield to Maturity (any such series in the case of Original Issue Discount Securities) specified in the Securities of such seriesclause (c)); and and, in addition thereto, such further amount as shall be sufficient to cover all the costs and expenses of collection, and any further amounts due payable to the Trustee, including reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counselcounsel pursuant to the provisions of Section 7.6. Until In case the Issuer shall fail forthwith to pay such demand is made by amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Issuer or other obligor upon such Securities (or Securities of any such series in case of clause (c)) and collect in the manner provided by law out of the property of the Issuer or other obligor upon such Securities (or Securities of any such series in case of clause (c)), wherever situated, the moneys adjudged or decreed to be payable. The Trustee shall be entitled and empowered, either in its own name as trustee of an express trust, or as attorney-in- fact for the Holders of any of the Securities, or in both such capacities, to file such proof of debt, amendment of proof of debt, claim, petition or other document as may pay be necessary or advisable in order to have the principal claims of the Trustee and interest of the Holders of Securities allowed in any equity receivership, insolvency, bankruptcy, liquidation, readjustment, reorganization or other similar proceedings, or any judicial proceedings, relative to the Company or any other obligor on the Securities or its creditors or its property. The Trustee is hereby irrevocably appointed (and the successive respective Holders of the Securities, by taking and holding the same, shall be conclusively deemed to have so appointed the Trustee) the true and lawful attorney-in-fact of the respective Holders of the Securities, with authority to make or file in the respective names of the Holders of the Securities any proof of debt, amendment of proof of debt, claim, petition or other document in any such proceedings and to receive payment of any series sums becoming distributable on account thereof, and to execute any other papers and documents and do and perform any and all acts and things for and on behalf of such Holders of the Securities as may be necessary or advisable in the opinion of the Trustee in order to have the respective claims of the Holders of the Securities against the Issuer or any other obligor on the Securities and/or its property allowed in any such proceedings, and to receive payment of or on account of such claims; provided, however, that nothing herein contained shall be deemed to authorize or empower the Trustee to consent to or accept or adopt, on behalf of any Holder of Securities, any plan of reorganization or readjustment of the Issuer or any other obligor on the Securities or, by other action of any character in any such proceeding, to waive or change in any way any right of any Holder of any Security, even though it may otherwise be entitled so to do under any present or future law, all such power or authorization being hereby expressly denied. All rights of action and of asserting claims under this Indenture or under any of the Securities may be enforced by the Trustee without the possession of any of the Securities or the production thereof in any trial or other proceedings relative thereto, and any such action or proceedings instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the registered holderspayment of the expenses, whether or not disbursements and compensation of the Trustee, each predecessor Trustee and their respective agents and attorneys, shall be for the ratable benefit of the holders of the Securities in respect of which such action was taken. In any proceedings brought by the Trustee (and also any proceedings involving the interpretation of any provision of this Indenture to which the Trustee shall be a party) the Trustee shall be held to represent all the Holders of the Securities in respect of which such action was taken, and it shall not be necessary to make any Holders of such series be overdueSecurities parties to any such proceedings.

Appears in 1 contract

Samples: Indenture (Idacorp Inc)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days days, or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, for principal or and interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts the costs and expenses of collection, and such other amount due to the Trustee, including reasonable compensation, expenses, disbursements and advances Trustee under Section 6.6 in respect of the Trustee, its agents and counselSecurities of such series. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holdersHolders, whether or not the Securities of such series be overdue.. In case the Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Issuer or other obligor upon the Securities and collect in the manner provided by law out of the property of the Issuer or other obligor upon the Securities, wherever situated, all the moneys adjudged or decreed to be payable. In case there shall be pending proceedings relative to the Issuer or any other obligor upon the Securities under Title 11 of the United States Code or any other applicable federal, state or foreign bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Issuer or its property or such other obligor, or in case of any other comparable judicial proceedings relative to the Issuer or other obligor upon the Securities, or to the creditors or property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of the Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section, shall be entitled and empowered, by intervention in such proceedings or otherwise:

Appears in 1 contract

Samples: Global Crossing LTD

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Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Company covenants that (iA) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days forty-five (45) days, or (iiB) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer Company will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, for principal or and interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts the costs and expenses of collection, and such other amount due to the Trustee, including reasonable compensation, expenses, disbursements and advances Trustee under Section 6.6 in respect of the Trustee, its agents and counselSecurities of such series. Until such demand is made by the Trustee, the Issuer Company may pay the principal of and interest on the Securities of any series to the registered holdersHolders, whether or not the Securities of such series be overdue.. In case the Company shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon the Securities and collect in the manner provided by law out of the property of the Company or other obligor upon the Securities, wherever situated, all the moneys adjudged or decreed to be payable. In case there shall be pending proceedings relative to the Company or any other obligor upon the Securities under Title 11 of the United States Code or any other applicable federal or state bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Company or its property or such other obligor, or in case of any other comparable judicial proceedings relative to the Company or other obligor upon the Securities, or to the creditors or property of the Company or such other obligor, the Trustee, irrespective of whether the principal of the Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section 5.2, shall be entitled and empowered, by intervention in such proceedings or otherwise:

Appears in 1 contract

Samples: Indenture (Oglethorpe Power Corp)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Republic covenants that if (i) in case default there shall be made a default in the payment of any installment of interest (including Additional Amounts) on any series of the Securities of any series Bonds when such interest (including Additional Amounts) shall have become due and payable, and such default shall have continued for a period specified in the terms and conditions of 30 days the Bonds, or (ii) in case default there shall be made a default in the payment of all or any part of the principal of any series of the Securities of any series Bonds when the same shall have become due and payable, whether upon any principal amortization date, maturity or by acceleration or otherwise, and such default shall have continued for a period specified in the terms and conditions of the Securities of such series or upon any redemption or by declaration or otherwiseBonds, then upon demand of the TrusteeTrustee or the Holders of not less than 25% of the aggregate principal amount of such series of Bonds, the Issuer will Republic shall pay to the Trustee for the benefit of the Holders of the Securities of such series of Bonds the whole amount that then shall have become due and payable on all Securities Outstanding Bonds of such series, and such Coupons, series for principal or interestinterest (including Additional Amounts), as the case may be (with interest interest, if applicable, to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest at the same rate as the rate of overdue interest or Yield to Maturity (in the case of Original Issue Discount Securities) specified in the Securities of such seriesBonds); and in addition thereto, the Republic shall pay or cause to be paid such further amount as shall be sufficient to cover all amounts due to the Trusteedocumented costs and expenses of collection reasonably incurred, including reasonable compensationcompensation to the Trustee and each predecessor trustee, expensestheir respective agents, disbursements and advances of the Trustee, its agents attorneys and counsel. Until such demand is made , and any documented expenses and liabilities reasonably incurred, and all documented advances reasonably made, by the Trustee, the Issuer may pay the principal Trustee and each predecessor trustee except as a result of and interest on the Securities of any series to the registered holders, whether their negligence or not the Securities of such series be overduewillful misconduct.

Appears in 1 contract

Samples: sec.report

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, -then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, series for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trusteecosts and expenses of collection, including reasonable compensation, expenses, disbursements compensation to the Trustee and advances of the each predecessor Trustee, its agents their respective agents, attorneys and counsel, and any expenses and liabilities incurred by the Trustee and each predecessor. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holdersHolders, whether or not the principal of and interest on the Securities of such series be overdue.. In case the Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Issuer or other obligor upon such Securities and collect in the manner provided by law out of the property of the Issuer or other obligor upon such Securities, wherever situated, the moneys adjudged or decreed to be payable. In case there shall be pending proceedings relative to the Issuer or any other obligor upon the Securities under Bankruptcy Law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Issuer or its property or such other obligor, or in case of any other comparable judicial proceedings relative to the Issuer or other obligor upon the Securities of any series, or to the creditors or property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of any Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section, shall be entitled and empowered, by intervention in such proceedings or otherwise:

Appears in 1 contract

Samples: Lightning eMotors, Inc.

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Republic covenants that if (i) in case default there shall be made a default in the payment of any installment of interest (including Additional Amounts) on any Series of the Debt Securities of any series when such interest (including Additional Amounts) shall have become due and payable, and such default shall have continued for a period specified in the terms and conditions of 30 days the Debt Securities, or (ii) in case default there shall be made a default in the payment of all or any part of the principal of any Series of the Debt Securities of any series when the same shall have become due and payable, whether upon maturity or by acceleration or otherwise, and such default shall have continued for a period specified in the terms and conditions of the Securities of such series or upon any redemption or by declaration or otherwiseDebt Securities, then upon demand of the Trustee, the Issuer Republic will pay to the Trustee for the benefit of the Holders of the such Series of Debt Securities of such series the whole amount that then shall have become due and payable on all Outstanding Debt Securities of such series, and such Coupons, Series for principal or interestinterest (including Additional Amounts), as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest at the same rate as the rate of overdue interest or Yield to Maturity (in the case of Original Issue Discount Securities) specified in the Securities of such seriesDebt Securities); and in addition thereto, the Republic shall pay or cause to be paid such further amount as shall be sufficient to cover all amounts due to the Trusteedocumented costs and expenses of collection reasonably incurred, including reasonable compensationcompensation to the Trustee and each predecessor trustee, expensestheir respective agents, disbursements and advances of the Trustee, its agents attorneys and counsel. Until such demand is made , and any documented expenses and liabilities reasonably incurred, and all documented advances reasonably made, by the Trustee, the Issuer may pay the principal Trustee and each predecessor trustee except as a result of and interest on the Securities of any series to the registered holders, whether their negligence or not the Securities of such series be overduewillful misconduct.

Appears in 1 contract

Samples: Trust Indenture (Uruguay Republic Of)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a1) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest (including any Additional Interest) on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity Maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, to the extent that payment of such interest shall be legally enforceable and, if the Securities are held by a Scottish Holdings Trust, without duplication of any other amounts paid to such Scottish Holdings Trust in respect thereof) on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trusteecosts and expenses of collection, including reasonable compensation, expenses, disbursements compensation to the Trustee and advances of the each predecessor Trustee, its agents their respective agents, attorneys and counsel, and any expenses and liabilities incurred, and all advances made, by the Trustee and each predecessor Trustee except as a result of its negligence or bad faith. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holders, whether or not the Securities of such series Series be overdue.

Appears in 1 contract

Samples: Indenture (Scottish Annuity & Life Holdings LTD)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Province covenants that (i) in case default if there shall be made a default in the payment of any installment of interest Scheduled Payment Amount on any of the Debt Securities of any series when such interest Scheduled Payment Amount shall have become due and payable, and such default shall have continued for a period of 30 days or (ii) in case default shall be made specified in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payableTerms, whether upon maturity of the Securities of such series or upon any maturity, redemption or by declaration acceleration or otherwise, then and such default shall have continued for a period specified in the Terms, then, upon demand of the Trustee, the Issuer will Province shall pay to the Trustee for the benefit of the Holders of the Debt Securities of such series the whole amount that then shall (i) be sufficient to cover the documented costs and expenses of collection reasonably incurred, including reasonable compensation to the Trustee and each predecessor trustee, their respective agents, attorneys and counsel, and any documented expenses and liabilities reasonably incurred, and all documented advances reasonably made, by the Trustee and each predecessor trustee except as a result of their gross negligence or willful misconduct; and (ii) have become due and payable on all Outstanding Debt Securities of for such series, and such Coupons, for principal or interestScheduled Payment Amounts, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest at the same rate as the rate of overdue interest or Yield to Maturity (in the case of Original Issue Discount Securities) specified in the Securities of such seriesDebt Securities); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trustee, including reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holders, whether or not the Securities of such series be overdue.

Appears in 1 contract

Samples: static1.squarespace.com

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal or Change of Control purchase price of, or premium, if any, on, any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or acceleration or otherwise, then upon demand of the Trustee, the Issuer will shall pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all such Securities of such seriesprincipal. Change of Control purchase price, and such Coupons, for principal premium or interest, as the case may be (with interest to the date of such payment upon the overdue principal principal, Change of Control purchase price or premium and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such seriesSecurities); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trustee, including reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holders, whether or not the Securities of such series be overdue.costs and

Appears in 1 contract

Samples: Indenture (NRG Energy Inc)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Company covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series Series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days days, or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series Series when the same shall have become due and payable, whether upon maturity of the Securities of such series Series or upon any redemption or by declaration or otherwise, then upon demand of the TrusteeTrustee for the Securities of such Series, the Issuer Company will pay to the Trustee for the Securities of such Series for the benefit of the Holders of the Securities of such series Series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, Series for principal of or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such seriesSeries); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trusteecosts and expenses of collection, including reasonable compensationcompensation to, expensesand all expenses and liabilities incurred and all advances made by, disbursements the Trustee and advances of the Trusteeeach predecessor Trustee and their respective agents, its agents attorneys and counsel. Until such demand is made by the Trustee, the Issuer Company may pay the principal of and interest on the Securities of any series Series to the registered holderspersons entitled thereto, whether or not the principal of and interest on the Securities of such series Series are overdue. In case the Company shall fail forthwith to pay such amounts upon such demand, the Trustee for the Securities of such series, in its own name and as trustee of an express trust, shall be overdue.entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon such Securities and collect in the manner provided by law out of the property of the Company or other obligor upon such Securities, wherever situated, the moneys adjudged or decreed to be payable. In case there shall be pending proceedings relative to the Company or any other obligor upon the Securities under Title 11 of the United States Code or any other applicable Federal or state bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Company or its property or such other obligor, or in case of any other comparable judicial proceedings relative to the Company or other obligor under the Securities of any Series, or to the creditors or property of the Company or such other obligor, the Trustee, irrespective of whether the principal of any Securities shall then be due and payable as therein expressed (or by declaration or otherwise, and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section, shall be entitled and empowered, by intervention in such proceedings or otherwise:

Appears in 1 contract

Samples: Indenture (FMC Corp)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal or Change of Control purchase price of, or premium, if any, on, any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or acceleration or otherwise, then upon demand of the Trustee, the Issuer will shall pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all such Securities of such seriesprincipal. Change of Control purchase price, and such Coupons, for principal premium or interest, as the case may be (with interest to the date of such payment upon the overdue principal principal, Change of Control purchase price or premium and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such seriesSecurities); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trusteecosts and expenses of collection, including reasonable compensation, expenses, disbursements compensation to the Trustee and advances of the each predecessor Trustee, its agents their respective agents, attorneys and counsel. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holders, whether or not the Securities of such series be overdue.reasonable expenses and

Appears in 1 contract

Samples: Indenture (NRG Energy Inc)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Company covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities Notes of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities Notes of any series when the same shall have become due and payable, whether upon maturity of the Securities Notes of such series or upon any redemption redemption, repurchase or by declaration or otherwise, then upon demand of the Trustee, the Issuer Company or any Guarantor will pay to the Trustee for the benefit of the Holders of the Securities Notes of such series the whole amount that then shall have become due and payable on all Securities Notes of such series, and such Coupons, series for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities Notes of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trusteecosts and expenses of collection, including reasonable compensation, expenses, disbursements compensation to the Trustee and advances of the each predecessor Trustee, its agents their respective agents, attorneys and counsel, and any reasonable expenses and liabilities incurred, and all advances made, by the Trustee and each predecessor Trustee except as a result of its negligence or bad faith. Until such demand is made by the Trustee, the Issuer Company or any Guarantor may pay the principal of and interest on the Securities Notes of any series to the registered holdersHolders, whether or not the Securities principal of and interest on the Notes of such series be overdue.. In case the Company or the Guarantors shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon the Notes and collect in the manner provided by law out of the property of the Company or other obligor upon the Notes, wherever situated, the moneys adjudged or decreed to be payable. In case there shall be pending proceedings relative to the Company or any other obligor upon the Notes under Title 11 of the United States Code or any other applicable Federal or state bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Company or its property or such other obligor, or in case of any other comparable judicial proceedings relative to the Company or other obligor upon the Notes, or to the creditors or property of the Company or such other obligor, the Trustee, irrespective of whether the principal of the Notes shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section, shall be entitled and empowered, by intervention in such proceedings or otherwise:

Appears in 1 contract

Samples: Rj Reynolds Tobacco Holdings Inc

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a1) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due the costs and expenses of collection, including compensation to the Trustee and each predecessor Trustee, including reasonable compensationtheir respective agents, expenses, disbursements and advances of the Trustee, its agents attorneys and counsel, and any expenses and liabilities incurred, and all advances made, by the Trustee and each predecessor Trustee except caused by its own negligence or willful misconduct. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holders, whether or not the Securities of such series be overdue.

Appears in 1 contract

Samples: Indenture (Aflac Inc)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Jamaica covenants that if (i) in case default there shall be made a default in the payment of any installment of interest (including Additional Amounts) on any Series of the Debt Securities of any series when such interest (including Additional Amounts) shall have become due and payable, and such default shall have continued for a period specified in the Terms of 30 days the Debt Securities, or (ii) in case default there shall be made a default in the payment of all or any part of the principal of any Series of the Debt Securities of any series when the same shall have become due and payable, whether upon maturity or by acceleration or otherwise, and such default shall have continued for a period specified in the Terms of the Securities of such series or upon any redemption or by declaration or otherwiseDebt Securities, then upon demand of the Holders of not less than 25% of the aggregate Outstanding principal amount of such Series of Debt Securities (with a copy to the Trustee), the Issuer Jamaica will pay to the Trustee for the benefit of the Holders of the Securities of such series Debt Securities, the whole amount that then shall have become due and payable on all such Debt Securities of such seriesfor principal, and such Couponspremium, for principal or interestif any, as the case may be (with and interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable lawshall be legally enforceable, interest on any overdue installments of interest interest, at the same rate as the rate of interest or Yield to Maturity (rates prescribed therefor in the case of Original Issue Discount such Debt Securities) specified in the Securities of such series); and , and, in addition thereto, Jamaica shall pay or cause to be paid such further amount as shall be sufficient to cover all amounts due to the Trusteedocumented costs and expenses of collection reasonably incurred, including reasonable compensationcompensation to the Trustee and each predecessor trustee, expensestheir respective agents, disbursements and advances of the Trustee, its agents attorneys and counsel. Until such demand is made , and any documented expenses and liabilities reasonably incurred, and all documented advances reasonably made, by the Trustee, the Issuer may pay the principal Trustee and each predecessor trustee except as a result of and interest on the Securities of any series to the registered holders, whether their negligence or not the Securities of such series be overduewillful misconduct.

Appears in 1 contract

Samples: First Supplemental Indenture (Jamaica Government Of)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, otherwise then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, series for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trusteereasonable costs and expenses of collection, including reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any series to the registered holders, whether or not the Securities of such series be overdue.including

Appears in 1 contract

Samples: Indenture (Planetout Inc)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days days, or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether at Maturity, upon maturity of the Securities of such series or upon any redemption or redemption, by declaration or otherwiseotherwise -- then, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, series for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest at the same rate as the rate of interest (or Yield to Maturity (Maturity, in the case of Original Issue Discount Securities) specified in the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due the costs and expenses of collection, including reasonable compensation to the Trustee, including reasonable compensationits agents, expenses, disbursements and advances of the Trustee, its agents attorneys and counsel, and any expenses and liabilities incurred by such parties, and all advances made by the Trustee except as a result of its negligence or bad faith. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any such series to the registered holdersHolders, whether or not the Securities of such series be overdue. In case the Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Issuer or other obligor upon the Securities of such series and collect in the manner provided by law out of the property of the Issuer or other obligor upon the Securities of such series, wherever situated the moneys adjudged or decreed to be payable.

Appears in 1 contract

Samples: Indenture (CMS Energy Trust Ii)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (i) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (ii) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, series for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due to the Trusteecosts and expenses of collection, including reasonable compensation, expenses, disbursements compensation to the Trustee and advances of the each predecessor Trustee, its agents their respective agents, attorneys and counsel. Until such demand is made , and any expenses and liabilities incurred by the Trustee, the Issuer may pay the principal Trustee and each predecessor Trustee except as a result of and interest on the Securities of any series to the registered holders, whether its negligence or not the Securities of such series be overdue.bad faith. 32

Appears in 1 contract

Samples: Comcast Corp

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Republic covenants that if (i) in case default there shall be made a default in the payment of any installment of interest (including Additional Amounts) on any Series of the Debt Securities of any series when such interest (including Additional Amounts) shall have become due and payable, and such default shall have continued for a period period, if any, specified under the caption “Events of 30 days Default” in the Terms of the Debt Securities, or (ii) in case default there shall be made a default in the payment of all or any part of the principal of any Series of the Debt Securities of any series when the same shall have become due and payable, whether upon maturity or by acceleration or otherwise, and such default shall have continued for a period, if any, specified under the capition “Events of Default” in the Terms of the Securities of such series or upon any redemption or by declaration or otherwiseDebt Securities, then upon demand of the Holders of not less than 25% of the aggregate Outstanding principal amount of such Series of Debt Securities (with a copy to the Trustee), the Issuer Republic will pay to the Trustee for the benefit of the Holders of the Securities of such series Debt Securities, the whole amount that then shall have become due and payable on all such Debt Securities of such seriesfor principal, and such Couponspremium, for principal or interestif any, as the case may be (with and interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable lawshall be legally enforceable, interest on any overdue installments of interest interest, at the same rate as the rate of interest or Yield to Maturity (rates prescribed therefor in the case of Original Issue Discount such Debt Securities) specified in the Securities of such series); and , if any, and, in addition thereto, the Republic shall pay or cause to be paid such further amount as shall be sufficient to cover all amounts due to the Trusteedocumented costs and expenses of collection reasonably incurred, including reasonable compensationcompensation to the Trustee and each predecessor trustee, expensestheir respective agents, disbursements and advances of the Trustee, its agents attorneys and counsel. Until such demand is made , and any documented expenses and liabilities reasonably incurred, and all documented advances reasonably made, by the Trustee, the Issuer may pay the principal Trustee and each predecessor trustee except as a result of and interest on the Securities of any series to the registered holders, whether their negligence or not the Securities of such series be overduewillful misconduct.

Appears in 1 contract

Samples: Satisfaction And (Republic of Argentina)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer Company covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series Notes when such interest shall have become due and payable, and such default shall have continued for a period of 30 days 60 days, or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series Notes when the same shall have become due and payable, whether upon maturity of the Securities of such series Notes or upon any redemption or by declaration or otherwise, then upon demand of the Trustee, the Issuer Company will pay to the Trustee for the benefit of the Holders of the Securities of such series Notes the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, Notes for principal or and interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on 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 the Securities of such seriesNotes); and in addition thereto, such further amount as shall be sufficient to cover all amounts the costs and expenses of collection, and such other amount due to the Trustee, including reasonable compensation, expenses, disbursements and advances Trustee under Section 7.07 in respect of the Trustee, its agents and counselNotes. Until such demand is made by the Trustee, the Issuer Company may pay the principal of and interest on the Securities of any series Notes to the registered holdersHolders, whether or not the Securities of such series Notes be overdue. In case the Company shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon the Notes and collect in the manner provided by law out of the property of the Company or other obligor upon the Notes, wherever situated, all the moneys adjudged or decreed to be payable.

Appears in 1 contract

Samples: Indenture (Citizens Communications Co)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days days, or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether at Maturity, upon maturity of the Securities of such series or upon any redemption or redemption, by declaration or otherwiseotherwise -- then, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such Coupons, series for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest at the same rate as the rate of interest (or Yield to Maturity (Maturity, in the case of Original Issue Discount Securities) specified in the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due the costs and expenses of collection, including reasonable compensation to the Trustee, including reasonable compensationits agents, expenses, disbursements and advances of the Trustee, its agents attorneys and counsel, and any expenses and liabilities incurred by such parties, and all advances made by the Trustee except as a result of its negligence or bad faith. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any such series to the registered holdersHolders, whether or not the Securities of such series be overdue.. In case the Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Issuer or other obligor upon the Securities of such series and collect in the manner provided by law out of the property of the Issuer or other obligor upon the Securities of such series, wherever situated the moneys adjudged or decreed to be payable. In case there shall be pending proceedings relative to the Issuer or any other obligor upon the Securities of any series under Title 11 of the United States Code or any other applicable Federal or state bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Issuer or its property or such other obligor, or in case of any other comparable judicial proceedings relative to the Issuer or such other obligor, or to the creditors or property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of the Securities of any series shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section, shall be entitled and empowered, by intervention in such proceedings or otherwise:

Appears in 1 contract

Samples: Indenture (CMS Energy Corp)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. (a) The Issuer covenants that (ia) in case default shall be made in the payment of any installment instalment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days days, or (iib) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether at maturity, upon maturity of the Securities of such series or upon any redemption or redemption, by declaration or otherwiseotherwise -- then, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series, and such including all Coupons, for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments instalments of interest at the same rate as the rate of interest (or Yield to Maturity (Maturity, in the case of Original Issue Discount Securities) specified in the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover all amounts due the costs and expenses of collection, including reasonable compensation to the Trustee, including reasonable compensationits agents, expenses, disbursements and advances of the Trustee, its agents attorneys and counsel, and any expenses and liabilities incurred, and all advances made, by the Trustee except as a result of its negligence or bad faith. Until such demand is made by the Trustee, the Issuer may pay the principal of and interest on the Securities of any such series to the registered holdersHolders, whether or not the Securities of such series be overdue.. In case the Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Issuer or other obligor upon the Securities of such series and collect in the manner provided by law out of the property of the Issuer or other obligor upon the Securities of such series, wherever situated the moneys adjudged or decreed to be payable. In case there shall be pending proceedings relative to the Issuer or any other obligor upon the Securities of any series under Title 11 of the United States Code or any other applicable Federal or state bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Issuer or its property or such other obligor, or in case of any other comparable judicial proceedings relative to the Issuer or such other obligor, or to the creditors or property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of the Securities of any series shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section, shall be entitled and empowered, by intervention in such proceedings or otherwise:

Appears in 1 contract

Samples: Premark International Inc

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