Common use of Date and Denomination of Notes; Payments of Interest Clause in Contracts

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Note shall be dated the date of its authentication, shall bear interest from the applicable date in each case as specified on the face of the form of Note attached as Exhibit A hereto. The person in whose name any Note (or its Predecessor Note) is registered at the close of business on any record date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) shall be entitled to receive the interest payable on such interest payment date notwithstanding the cancellation of such Note upon any transfer, exchange or conversion subsequent to the record date and on or prior to such interest payment date; PROVIDED, that in the case of any Note, or portion thereof, called for redemption on a redemption date or repurchased in connection with a Repurchase Event on a Repurchase Date that is after a record date and prior to (but excluding) the next succeeding interest payment date, interest shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date and the Company shall have no obligation to pay interest on such Note or such portion except to the extent required to be paid upon redemption or repurchase of such Note or portion thereof, as the case may be, pursuant to Section 3.3 or 16.2 hereof. Interest may, at the option of the Company, be paid by check mailed to the address of such person on the registry kept for such purposes; PROVIDED that, with respect to any holder of Notes with an aggregate principal amount equal to or in excess of $5,000,000, at the request of such holder in writing to the Company (who shall then furnish written notice to such effect to the Trustee), interest on such holder's Notes shall be paid by wire transfer (the costs of such wire transfer to be borne by the Company) in immediately

Appears in 1 contract

Samples: Iomega Corp

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Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Each Note shall be dated the date of its authentication, authentication and shall bear interest Interest from the applicable date in each case as specified on the face of the form of Note attached as Exhibit A hereto. Interest on the Notes shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The person Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at the close of business on any record date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) shall be entitled to receive the interest Interest payable on such interest payment date notwithstanding date, except that the cancellation of such Note Interest payable upon any transfer, exchange redemption or conversion subsequent repurchase will be payable to the Person to whom principal is payable pursuant to such redemption or repurchase (unless the redemption date or the repurchase date, as the case may be, falls after a record date and on or prior to the corresponding interest payment date, in which case accrued and unpaid Interest to, but excluding, such redemption date or repurchase date shall be payable on such interest payment date to the holders of such Notes registered as such on the applicable record date; PROVIDED). Notwithstanding the foregoing, that in the case of if any Note, Note (or portion thereof) is converted during the period after a record date for the payment of Interest to, but excluding, the next succeeding interest payment date and such Note (or portion thereof) has been called or tendered for redemption on a redemption date or repurchased in connection with a Repurchase Event on a Repurchase Date that is after a record date and prior to (but excluding) which occurs during such period, the next succeeding interest payment date, interest Company shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date and the Company shall have no obligation required to pay interest on such Note or such portion except to the extent required to be paid upon redemption or repurchase interest payment date in respect of any such Note (or portion thereof, as the case may be, pursuant to Section 3.3 or 16.2 hereof). Interest may, shall be payable at the option office of the CompanyCompany maintained by the Company for such purposes in the Borough of Manhattan, City of New York, which shall initially be paid an office or agency of the Trustee. The Company shall pay Interest (i) on any Notes in certificated form by (x) check mailed to the address of the Person entitled thereto as it appears in the Note Register (or upon written notice, by wire transfer in immediately available funds, if such Person is entitled to Interest on aggregate principal in excess of $2 million) or (y) by transfer to an account maintained by such person in the United States or (ii) on any Global Note by wire transfer of immediately available funds to the registry kept for such purposes; PROVIDED that, account of the Depositary or its nominee. The term “record date” with respect to any holder of Notes with an aggregate principal amount equal interest payment date shall mean the May 15 or November 15 preceding the applicable June 1 or December 1 interest payment date, respectively. Any Interest on any Note which is payable, but is not punctually paid or duly provided for, on any June 1 or December 1 (herein called “Defaulted Interest”) shall forthwith cease to or in excess of $5,000,000, at the request of such holder in writing be payable to the Company (who shall then furnish written notice to Noteholder on the relevant record date by virtue of his having been such effect to the Trustee)Noteholder, interest on and such holder's Notes Defaulted Interest shall be paid by wire transfer (the costs of such wire transfer to be borne by the Company) , at its election in immediatelyeach case, as provided in clause 1 or 2 below:

Appears in 1 contract

Samples: Indenture (Headwaters Inc)

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Each Note shall be dated the date of its authentication, authentication and shall bear interest Interest from the applicable date in each case as specified on the face of the form of Note attached as Exhibit A hereto. Interest on the Notes shall be computed on the basis of a three hundred sixty (360)-day year comprised of twelve (12) thirty (30)-day months. The person Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at the close of business on any record date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) shall be entitled to receive the interest Interest payable on such interest payment date notwithstanding date, except that the cancellation of such Note Interest payable upon any transfer, exchange redemption or conversion subsequent repurchase will be payable to the Person to whom principal is payable pursuant to such redemption or repurchase (unless the redemption date or the repurchase date, as the case may be, falls after a record date and on or prior to the corresponding interest payment date, in which case accrued and unpaid Interest to, but excluding, such redemption date or repurchase date shall be payable on such interest payment date to the holders of such Notes registered as such on the applicable record date; PROVIDED). Notwithstanding the foregoing, that in the case of if any Note, Note (or portion thereof) is converted during the period after a record date for the payment of Interest to, but excluding, the next succeeding interest payment date and such Note (or portion thereof) has been called or tendered for redemption on a redemption date or repurchased in connection with a Repurchase Event on a Repurchase Date that is after a record date and prior to (but excluding) which occurs during such period, the next succeeding interest payment date, interest Company shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date and the Company shall have no obligation required to pay interest on such Note or such portion except to the extent required to be paid upon redemption or repurchase interest payment date in respect of any such Note (or portion thereof, as the case may be, pursuant to Section 3.3 or 16.2 hereof). Interest may, shall be payable at the option office of the CompanyCompany maintained by the Company for such purposes, which shall initially be paid an office or agency of the Trustee. The Company shall pay Interest (i) on any Notes in certificated form by (x) check mailed to the address of the Person entitled thereto as it appears in the Note Register (or upon written notice, by wire transfer in immediately available funds, if such Person is entitled to Interest on aggregate principal in excess of $2 million) or (y) by transfer to an account maintained by such person in the United States or (ii) on any Global Note by wire transfer of immediately available funds to the registry kept for such purposes; PROVIDED that, account of the Depositary or its nominee. The term “record date” with respect to any holder of Notes with an aggregate principal amount equal interest payment date shall mean the May 15 or November 15 preceding the applicable June 1 or December 1 interest payment date, respectively. Any Interest on any Note which is payable, but is not punctually paid or duly provided for, on any June 1 or December 1 (herein called “Defaulted Interest”) shall forthwith cease to or in excess of $5,000,000, at the request of such holder in writing be payable to the Company (who shall then furnish written notice to Noteholder on the relevant record date by virtue of his having been such effect to the Trustee)Noteholder, interest on and such holder's Notes Defaulted Interest shall be paid by wire transfer (the costs of such wire transfer to be borne by the Company) , at its election in immediatelyeach case, as provided in clause 1 or 2 below:

Appears in 1 contract

Samples: Headwaters Incorporated (Headwaters Inc)

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Note shall be dated the date of its authentication, shall bear interest from the applicable date in and accrued interest shall be payable semiannually on each case March 1 and September 1, commencing September 1, 1998 as specified on the face of the form of Note Note, attached as Exhibit A hereto. The person Person in whose name any Note (or its Predecessor Note) is registered at the close of business on any record date Regular Record Date with respect to any interest payment date (including any Note that is converted after during the record date and period from the close of business on or before any Regular Record Date to the close of business on the Business Day prior to the next succeeding interest payment date) shall be entitled to receive the interest payable on such interest payment date notwithstanding the cancellation of such Note upon any transfer, exchange or conversion subsequent to the record date Regular Record Date and on or prior to such interest payment date; PROVIDEDprovided that any Note surrendered for conversion during the period from the close of business on any Regular Record Date to the close of business on the Business Day prior to the next succeeding interest payment date, to the extent provided in Section 15.2, shall be accompanied by a payment equal to the interest otherwise payable on such next succeeding interest payment date; provided further that in the case event of any Note, redemption or portion thereof, called for redemption on a redemption date or repurchased in connection with a Repurchase Event on a Repurchase Date that is repurchase of any Note after a record date Regular Record Date and prior to (but excluding) the next succeeding interest payment date, interest shall not be paid to the person Person in whose name the Note, or portion thereof, Note 16 is registered on the close of business on such record date and the Company Regular Record Date, but instead shall have no obligation to pay interest on such Note or such portion except be payable to the extent required to be paid upon redemption or repurchase holder of such Note surrendering such Note for redemption or portion thereofrepurchase, as the case may be, pursuant to as required by Section 3.3 or 16.2 3.7 hereof and Article XVI hereof, respectively. Interest may, at the option of the Company, be paid by check mailed to the address of such person Person on the registry kept for such purposes; PROVIDED provided that, with respect to any holder of Notes with an aggregate principal amount equal to or in excess of $5,000,0001,000,000, at the request of such holder in writing to the Company (who shall then furnish written notice to such effect to the Trustee)Company, interest on such holder's Notes shall be paid by wire transfer (in immediately available funds in accordance with the costs of such wire transfer instruction supplied by such holder to the Trustee and paying agent (if different from Trustee). Interest on the Notes shall be computed on the basis of a 360-day year comprised of twelve 30-day months. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any said March 1 or September 1 (herein called "Defaulted Interest") shall forthwith cease to be borne payable to the Holder on the relevant Regular Record Date by virtue of his having been such Holder; and such Defaulted Interest shall be paid by the Company, at its election in each case, as provided in clause (1) in immediatelyor (2) below:

Appears in 1 contract

Samples: HNC Software Inc/De

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in minimum denominations of $1,000 principal amount and in integral multiples of $1,000 in excess thereof. Every Each Note shall be dated the date of its authentication, authentication and shall bear interest Interest from the applicable date in each case as specified on the face of the form of Note attached as Exhibit A hereto. Interest on the Notes shall be computed on the basis of a 360-day year consisting of twelve 30-day months. The person Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at the close Close of business Business on any record date Record Date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) Interest Payment Date shall be entitled to receive the interest Interest payable on such interest payment date notwithstanding Interest Payment Date. Notwithstanding the cancellation foregoing, any Note or portion thereof surrendered for exchange during the period from the Close of such Note upon Business on the Record Date for any transfer, exchange or conversion subsequent Interest Payment Date to the record date Close of Business on the applicable Interest Payment Date must be accompanied by payment, in immediately available funds or other funds acceptable to the Issuer, of an amount equal to the Interest otherwise payable on such Interest Payment Date on the principal amount being exchanged; provided, however, that no such payment need be made (1) if a Holder exchanges its Notes as permitted by Section 13.01(a)(iii) and the Issuer has specified a Redemption Date that is after a Record Date and on or prior to the Business Day immediately succeeding such Interest Payment Date, (2) if a Holder exchanges its Notes in connection with a Designated Event and the Issuer has specified a Designated Event Repurchase Date that is after a Record Date and on or prior to such interest payment date; PROVIDEDInterest Payment Date, that in the case of any Note, or portion thereof, called for redemption on a redemption date or repurchased in connection with a Repurchase Event on a Repurchase Date that is after a record date and prior to (but excluding3) the next succeeding interest payment date, interest shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date and the Company shall have no obligation to pay interest on such Note or such portion except to the extent required to be paid upon redemption or repurchase of such Note or portion thereof, as the case may be, pursuant to Section 3.3 or 16.2 hereof. Interest may, at the option of the Company, be paid by check mailed to the address of such person on the registry kept for such purposes; PROVIDED that, with respect to any holder exchange on or following the Record Date immediately preceding the Maturity Date, or (4) to the extent of Notes with an aggregate principal amount equal to or in excess of $5,000,000any overdue Interest, if any overdue Interest exists at the request time of such holder in writing to the Company (who shall then furnish written notice exchange with respect to such effect to the Trustee), interest Note. Interest on such holder's Notes any Global Note shall be paid by wire transfer of immediately available funds to the account of the Depositary or its nominee. Payment of the principal of Notes not represented by a Global Note shall be made at the office or agency designated by the Issuer for such purpose. Interest on Notes not represented by a Global Note shall be paid (i) to Holders having an aggregate principal amount of $5,000,000 or less, by check mailed to the costs Holders of such these Notes and (ii) to Holders having an aggregate principal amount of more than $5,000,000, either by check mailed to each Holder or, upon application by a Holder to the Registrar not later than the relevant Record Date, by wire transfer in immediately available funds to be borne by that Holder’s account within the Company) United States, which application shall remain in immediatelyeffect until the Holder notifies, in writing, the Registrar to the contrary.

Appears in 1 contract

Samples: Indenture (Kilroy Realty Corp)

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Note shall be dated the date of its authentication, authentication and shall bear interest from the applicable date in each case as specified on the face of the form of Note attached as Exhibit A hereto. Interest on the Notes shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The person Person in whose name any Note (or its Predecessor Note) is registered on the Note register at the close of business on any record date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) shall be entitled to receive the interest payable on such interest payment date, except (i) that the interest payable upon redemption (unless the date notwithstanding the cancellation of such Note upon any transfer, exchange or conversion subsequent to the record date and on or prior to such redemption is an interest payment date; PROVIDED, that in which case the interest payable upon redemption will be payable to the Person in whose name the Note submitted for redemption was registered on the Note register at the close of business on the applicable record date) will be payable to the Person to whom principal is payable and (ii) as set forth in the next succeeding sentence. In the case of any Note, Note (or portion thereof, called for redemption on a redemption date or repurchased in connection with a Repurchase Event on a Repurchase Date ) that is after converted into Common Stock during the period from (but excluding) a record date and prior to (but excluding) the next succeeding interest payment datedate either (x) if such Note (or portion thereof) is to be redeemed in connection with a Fundamental Change on a Repurchase Date (as defined in Section 3.02 hereof) that occurs during such period, interest the Company shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date and the Company shall have no obligation required to pay interest on such interest payment date in respect of any such Note (or such portion thereof) except to the extent required to be paid upon redemption or repurchase of such Note or portion thereof, as the case may be, thereof pursuant to Section 3.3 3.02 hereof or 16.2 hereof. Interest may, at the option of the Company, be paid by check mailed to the address of (y) if such person on the registry kept for such purposes; PROVIDED that, with respect to any holder of Notes with an aggregate principal amount equal to Note (or in excess of $5,000,000, at the request of such holder in writing to the Company (who shall then furnish written notice to such effect to the Trustee), interest on such holder's Notes shall be paid by wire transfer (the costs of such wire transfer portion thereof) is not to be borne by the Companyredeemed in connection with a Fundamental Change on a Repurchase Date that occurs during such period, such Note (or portion thereof) in immediatelythat is submitted for conversion during such period shall

Appears in 1 contract

Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc)

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Each Note shall be dated the date of its authentication, authentication and shall bear interest from the applicable date in each case as specified on the face of the form of Note attached as Exhibit A hereto. Interest on the Notes shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The person Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at the close of business on any record date the Regular Record Date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) an Interest Payment Date shall be entitled to receive the interest Interest payable on such Interest Payment Date, except that the Interest payable repurchase will be payable to the Person to whom principal is payable pursuant to such repurchase (unless the Fundamental Change Repurchase Date is an Interest Payment Date, in which case the semi-annual payment of interest payment becoming due on such date notwithstanding shall be payable to the cancellation holders of such Notes registered as such on the applicable Regular Record Date). Notwithstanding the foregoing, if any Note upon any transfer, exchange or conversion subsequent to the record date and on or prior to such interest payment date; PROVIDED, that in the case of any Note, (or portion thereof, called for redemption on a redemption date or repurchased in connection with a Repurchase Event on a Repurchase Date that ) is converted during the period after a record date and prior to (Regular Record Date to, but excluding) , the next succeeding interest payment dateInterest Payment Date, interest the Company shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date and the Company shall have no obligation required to pay interest on such Note or such portion except to the extent required to be paid upon redemption or repurchase Interest Payment Date in respect of any such Note (or portion thereof), except as the case may be, pursuant to provided in Section 3.3 or 16.2 hereof14.02(d). Interest may, shall be payable at the option office of the CompanyCompany maintained by the Company for such purposes in the Borough of Manhattan, City of New York, which shall initially be paid an office or agency of the Trustee. The Company shall pay Interest (i) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Note Register (or upon written notice from the registered holder thereof, by wire transfer in immediately available funds, if such person Person is entitled to Interest on the registry kept for such purposes; PROVIDED that, with respect to any holder of Notes with an aggregate principal amount equal to or in excess of $5,000,000, at the request 2,000,000) or (ii) on any Global Note by wire transfer of such holder in writing immediately available funds to the Company account of the Depositary or its nominee. Any Interest on any Note which is payable, but is not punctually paid or duly provided for, on any March 15 or September 15 (who herein called “Defaulted Interest”) shall then furnish written notice forthwith cease to such effect be payable to the Trustee)Noteholder on the relevant Regular Record Date by virtue of his having been such Noteholder, interest on and such holder's Notes Defaulted Interest shall be paid by wire transfer (the costs of such wire transfer to be borne by the Company, at its election in each case, as provided in clause (1) in immediatelyor (2) below:

Appears in 1 contract

Samples: Indenture (Alliant Techsystems Inc)

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Each Note shall be dated the date of its authentication, authentication and shall bear interest from the applicable date in each case as specified on the face of the form of Note attached as Exhibit A hereto. Interest on the Notes shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The person Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at the close of business on any record date Interest Record Date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) Interest Payment Date shall be entitled to receive the interest payable on such interest payment date notwithstanding Interest Payment Date. Interest (including Contingent Interest, if any, and Additional Interest, if any) shall be payable at the cancellation office or agency of such Note upon any transfer, exchange or conversion subsequent to the record date and on or prior to such interest payment date; PROVIDED, that in the case of any Note, or portion thereof, called for redemption on a redemption date or repurchased in connection with a Repurchase Event on a Repurchase Date that is after a record date and prior to (but excluding) the next succeeding interest payment date, interest shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date and the Company maintained by the Company for such purposes in The Borough of Manhattan, City of New York, which shall have no obligation to initially be the office of the Paying Agent at 000 Xxxx Xxxxxx, Xxxxx 0000, Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust Services. The Company shall pay interest (including Contingent Interest, if any, and Additional Interest, if any) (a) on such Note or such portion except to the extent required to be paid upon redemption or repurchase of such Note or portion thereof, as the case may be, pursuant to Section 3.3 or 16.2 hereof. Interest may, at the option of the Company, be paid any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Note Register (or upon written application by such person Person to the Trustee and Paying Agent (if different from the Trustee) not later than the relevant Interest Record Date, by wire transfer in immediately available funds to such Person’s account within the United States, if such Person is entitled to interest on the registry kept for such purposes; PROVIDED that, with respect to any holder of Notes with an aggregate principal amount equal to or in excess of $5,000,0002,000,000, at which application shall remain in effect until the request of such holder in writing Noteholder notifies the Trustee and Paying Agent to the Company contrary) or (who shall then furnish written notice to such effect b) on any Global Note by wire transfer of immediately available funds to the Trustee)account of the Depositary or its nominee. Any Defaulted Interest shall forthwith cease to be payable to the Noteholder on the relevant Interest Record Date by virtue of its having been such Noteholder, interest on and such holder's Notes Defaulted Interest shall be paid by wire transfer (the costs of such wire transfer to be borne by the Company, at its election in each case, as provided in clause (1) in immediatelyor (2) below:

Appears in 1 contract

Samples: Synnex Corp

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Each Note shall be dated the date of its authentication, authentication and shall bear interest from the applicable date in each case as specified on the face of the form of Note attached as Exhibit A hereto. Interest on the Notes shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The person Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at the close of business on any record date the Regular Record Date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) an Interest Payment Date shall be entitled to receive the interest Interest payable on such interest payment date notwithstanding Interest Payment Date, except that the cancellation of such Note upon any transfer, exchange or conversion subsequent to the record date and on or prior to such interest payment date; PROVIDED, that in the case of any Note, or portion thereof, called for redemption on a redemption date or repurchased in connection with a Repurchase Event on a Repurchase Date that is after a record date and prior to (but excluding) the next succeeding interest payment date, interest shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date and the Company shall have no obligation to pay interest on such Note or such portion except to the extent required to be paid Interest payable upon redemption or repurchase of will be payable to the Person to whom principal is payable pursuant to such Note redemption or portion thereofrepurchase (unless the Redemption Date or the Repurchase Date, as the case may be, pursuant is an Interest Payment Date, in which case the semi-annual payment of interest becoming due on such date shall be payable to the holders of such Notes registered as such on the applicable Regular Record Date). Notwithstanding the foregoing, if any Note (or portion thereof) is converted into Common Stock during the period after a Regular Record Date to, but excluding, the next succeeding Interest Payment Date and such Note (or portion thereof) has been called or tendered for redemption on a Redemption Date which occurs during such period, the Company shall not be required to pay Interest on such Interest Payment Date in respect of any such Note (or portion thereof), except as provided in Section 3.3 or 16.2 hereof15.02. Interest may, shall be payable at the option office of the CompanyCompany maintained by the Company for such purposes in the Borough of Manhattan, City of New York, which shall initially be paid an office or agency of the Trustee. The Company shall pay Interest (i) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Note Register (or upon written notice received from the registered holder thereof prior to the relevant Regular Record Date, by wire transfer in immediately available funds, if such person Person is entitled to Interest on the registry kept for such purposes; PROVIDED that, with respect to any holder of Notes with an aggregate principal amount equal to or in excess of $5,000,000, at the request 10,000,000) or (ii) on any Global Note by wire transfer of such holder in writing immediately available funds to the Company account of the Depositary or its nominee. Any Interest on any Note which is payable, but is not punctually paid or duly provided for, on any May 1 or November 1 (who herein called "Defaulted Interest") shall then furnish written notice forthwith cease to such effect be payable to the Trustee)Noteholder on the relevant Regular Record Date by virtue of his having been such Noteholder, interest on and such holder's Notes Defaulted Interest shall be paid by wire transfer (the costs of such wire transfer to be borne by the Company, at its election in each case, as provided in clause (1) in immediatelyor (2) below:

Appears in 1 contract

Samples: Registration Rights Agreement (Walter Industries Inc /New/)

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Date and Denomination of Notes; Payments of Interest. The ---------------------------------------------------- Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Note shall be dated the date of its authentication, authentication and shall bear interest from the applicable date in each case as specified on the face of the form of Note attached as Exhibit A hereto. Interest on the Notes shall be computed on the basis of a ---------- 360-day year comprised of twelve (12) 30-day months. The person Person in whose name any Note (or its Predecessor Note) is registered on the Note register at the close of business on any record date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) shall be entitled to receive the interest payable on such interest payment date, except (i) that the interest payable upon redemption (unless the date notwithstanding the cancellation of such Note upon any transfer, exchange or conversion subsequent to the record date and on or prior to such redemption is an interest payment date; PROVIDED, that ) will be payable to the Person to whom principal is payable and (ii) as set forth in the next succeeding sentence. In the case of any Note, Note (or portion thereof, called for redemption on a redemption date or repurchased in connection with a Repurchase Event on a Repurchase Date ) that is after converted into Common Stock during the period from (but excluding) a record date and prior to (but excluding) the next succeeding interest payment datedate either (x) if such Note (or portion thereof) has been called for redemption on a redemption date which occurs during such period, interest or is to be redeemed in connection with a Fundamental Change on a Repurchase Date (as defined in Section 3.5) that occurs during such period, the Company shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date and the Company shall have no obligation required to pay interest on such interest payment date in respect of any such Note (or such portion thereof) except to the extent required to be paid upon redemption or repurchase of such Note or portion thereof, as the case may be, thereof pursuant to Section 3.3 or 16.2 3.5 hereof or (y) if such Note (or portion thereof) has not been called for redemption on a redemption date that occurs during such period and is not to be redeemed in connection with a Fundamental Change on a Repurchase Date that occurs during such period, such Note (or portion thereof) that is submitted for conversion during such period shall be accompanied by funds equal to the interest payable on such succeeding interest payment date on the principal amount so converted, as provided in the penultimate paragraph of Section 15.2 hereof. Interest shall be payable at the office of the Company maintained by the Company for such purposes in the Borough of Manhattan, City of New York, which shall initially be an office or agency of the Trustee and may, at as the option of Company shall specify to the Companypaying agent in writing by each record date, be paid either (i) by check mailed to the address of such person on the registry kept for such purposes; PROVIDED that, with respect to any Person entitled thereto as it appears in the Note register (provided that the holder of Notes with an aggregate principal amount equal to or in excess of $5,000,0002,000,000 shall, at the request written election of such holder in writing to the Company (who shall then furnish written notice to such effect to the Trustee)holder, interest on such holder's Notes shall be paid by wire transfer in immediately available funds) or (ii) by transfer to an account maintained by such Person located in the costs of such United States; provided, however, that payments to the Depositary will be made by wire transfer of immediately available funds to be borne by the Company) in immediatelyaccount of the

Appears in 1 contract

Samples: At Home Corp

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Note shall be dated the date of its authentication, shall bear interest from the applicable date in each case as specified on the face of the form of Note attached as Exhibit A hereto. The person in whose name any Note (or its Predecessor Note) is registered at the close of business on any record date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) shall be entitled to receive the interest payable on such interest payment date notwithstanding the cancellation of such Note upon any transfer, exchange or conversion subsequent to the record date and on or prior to such interest payment date; PROVIDED, that in the case of any Note, or portion thereof, called for redemption redeemed on a redemption date or repurchased in connection with a Repurchase Event on a Repurchase Date that is after a record date and prior to (but excluding) the next succeeding interest payment date, interest shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date and the Company shall have no obligation to pay interest on such Note or such portion except to the extent required to be paid upon redemption or repurchase of such Note or portion thereof, as the case may be, pursuant to Section 3.3 or 16.2 16.1 hereof. Interest may, at the option of the Company, be paid by check mailed to the address of such person on the registry kept for such purposes; PROVIDED that, with respect to any holder of Notes with an aggregate principal amount equal to or in excess of $5,000,000, at the request of such holder in writing to the Company (who shall then furnish written notice to such effect to the Trustee), interest on such holder's Notes shall be paid by wire transfer (the costs of such wire transfer to be borne by the Company) in immediately

Appears in 1 contract

Samples: Iomega Corp

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Each Note shall be dated the date of its authentication, authentication and shall bear interest from the applicable date in each case as specified on the face of the form of Note attached as Exhibit A hereto. Interest on the Notes shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The person Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at the close of business on any record date Interest Record Date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) Interest Payment Date shall be entitled to receive the interest payable on such interest payment date notwithstanding Interest Payment Date. Interest (including Contingent Interest, if any, and Additional Interest, if any) shall be payable at the cancellation office or agency of such Note upon any transfer, exchange or conversion subsequent to the record date and on or prior to such interest payment date; PROVIDED, that in the case of any Note, or portion thereof, called for redemption on a redemption date or repurchased in connection with a Repurchase Event on a Repurchase Date that is after a record date and prior to (but excluding) the next succeeding interest payment date, interest shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date and the Company maintained by the Company for such purposes in The Borough of Manhattan, City of New York, which shall have no obligation to initially be the office of the Paying Agent at 000 Xxxxxxx Xxxxxx, New York, New York 10286, Attention: Corporate Trust Administration. The Company shall pay interest (including Contingent Interest, if any, and Additional Interest, if any) (a) on such Note or such portion except to the extent required to be paid upon redemption or repurchase of such Note or portion thereof, as the case may be, pursuant to Section 3.3 or 16.2 hereof. Interest may, at the option of the Company, be paid any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Note Register (or upon written application by such person Person to the Trustee and Paying Agent (if different from the Trustee) not later than the relevant Interest Record Date, by wire transfer in immediately available funds to such Person’s account within the United States, if such Person is entitled to interest on the registry kept for such purposes; PROVIDED that, with respect to any holder of Notes with an aggregate principal amount equal to or in excess of $5,000,0002,000,000, at which application shall remain in effect until the request of such holder in writing Noteholder notifies the Trustee and Paying Agent to the Company contrary) or (who shall then furnish written notice to such effect b) on any Global Note by wire transfer of immediately available funds to the Trustee)account of the Depositary or its nominee. Any Defaulted Interest shall forthwith cease to be payable to the Noteholder on the relevant Interest Record Date by virtue of its having been such Noteholder, interest on and such holder's Notes Defaulted Interest shall be paid by wire transfer (the costs of such wire transfer to be borne by the Company, at its election in each case, as provided in clause (1) in immediatelyor (2) below:

Appears in 1 contract

Samples: Indenture (Affiliated Managers Group Inc)

Date and Denomination of Notes; Payments of Interest. The Interest on the Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Note shall be dated the date of its authentication, shall bear interest will accrue from the applicable most recent date on which Interest has been paid, or if no Interest has been paid from the issuance date thereof, to but excluding, the next succeeding Interest Payment Date; provided that if there is no existing Default in each case as specified the payment of interest, and if a Note is authenticated between a record date referred to on the face thereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date. The Company will pay Interest semi-annually in arrears on each Interest Payment Date commencing February 1, 2004 at the rate then applicable as specified in paragraph 1 of the form of Note Notes attached as Exhibit A heretohereto and as provided in Section 2.04; provided that such interest shall accrue and an amount equal to such accrued and unpaid interest shall be added to the principal amount of the Notes as Additional Amounts on each Interest Payment Date as specified in the next sentence (such Additional Amounts to constitute principal for all purposes of this Indenture and the Notes) unless (i) the Company at its sole option elects to pay all or a portion of such Interest in cash or (ii) an Event of Default has occurred and payment of the Notes has been accelerated pursuant to Section 7.02 of this Indenture, in which case, accrued and unpaid interest to the date of such Event of Default shall be due and payable in cash at such time; and provided further that any Interest paid on the Notes shall be paid net of any applicable withholding required by law. The person On any Interest Payment Date on which the Company shall pay Interest (including interest paid pursuant to Section 2.04) in the form of Additional Amounts, upon the request of the Trustee, the Company shall deliver an Authentication Order instructing the Trustee to evidence such Additional Amount by either (x) an endorsement on a Note in global form by the Trustee to reflect the amount of the increase in principal amount equal to such Additional Amount or (y) with respect to a Note in definitive form, at the request of any Holder, the issuance by the Company and authentication by the Trustee to such Holder of a note in a principal amount equal to such Holder's pro rata portion of the Additional Amount to be paid on such Interest Payment Date (a "PIK Note"); provided further that if the Additional Amount of any PIK Note to be issued pursuant to this Section 2.03 is not a whole number, such amounts shall be rounded to the nearest multiple of $1,000, with amounts of $500 or greater being increased to the next higher multiple of $1,000 and all other amounts being decreased to the next lower multiple of $1,000. Interest added to principal of the Notes on any Interest Payment Date in accordance with this Section 2.03 shall be deemed paid for purposes of the Indenture and the Notes by adding such amount to the principal amount of the Notes. Interest on the Notes shall be computed on the basis of a 360-day year of twelve 30-day months. Subject to the next succeeding paragraph and Article 5, the Person in whose name any Note (or its Predecessor Note) is registered on the Register at the close of business on any record date Record Date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) Interest Payment Date shall be entitled to receive the interest payable any Interest to be paid on such interest payment date notwithstanding the cancellation of such Note upon any transfer, exchange or conversion subsequent to the record date and on or prior to such interest payment date; PROVIDED, that in the case of any Note, or portion thereof, called for redemption on a redemption date or repurchased in connection with a Repurchase Event on a Repurchase Date that is after a record date and prior to (but excluding) the next succeeding interest payment date, interest shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date and the Company shall have no obligation to pay interest on such Note or such portion except to the extent Interest Payment Date. Interest required to be paid upon redemption or repurchase of such Note or portion thereof, as the case may be, in cash pursuant to Section 3.3 or 16.2 hereof. Interest may, the terms hereof shall be payable at the option office of the Company, be paid Paying Agent maintained by check mailed to the address of such person on the registry kept for such purposes; PROVIDED that, with respect to any holder of Notes with an aggregate principal amount equal to or in excess of $5,000,000, at the request of such holder in writing to the Company (who shall then furnish written notice to such effect to the Trustee), interest on such holder's Notes shall be paid by wire transfer (the costs of such wire transfer to be borne by the Company) in immediatelyfor such

Appears in 1 contract

Samples: Indenture (Dynegy Inc /Il/)

Date and Denomination of Notes; Payments of Interest. The Notes shall be issuable in registered form without coupons in denominations of $1,000 principal amount and integral multiples thereof. Every Each Note shall be dated the date of its authentication, authentication and shall bear interest from the applicable date in each case as specified on the face of the form of Note attached as Exhibit A hereto. Interest on the Notes shall be computed on the basis of a 360-day year comprised of twelve 30-day months. The person Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at the close of business on any record date the Regular Record Date with respect to any interest payment date (including any Note that is converted after the record date and on or before the interest payment date) an Interest Payment Date shall be entitled to receive the interest Interest payable on such interest payment date notwithstanding Interest Payment Date, except that the cancellation of such Note upon any transfer, exchange or conversion subsequent to the record date and on or prior to such interest payment date; PROVIDED, that in the case of any Note, or portion thereof, called for redemption on a redemption date or repurchased in connection with a Repurchase Event on a Repurchase Date that is after a record date and prior to (but excluding) the next succeeding interest payment date, interest shall not be paid to the person in whose name the Note, or portion thereof, is registered on the close of business on such record date and the Company shall have no obligation to pay interest on such Note or such portion except to the extent required to be paid Interest payable upon redemption or repurchase of will be payable to the Person to whom principal is payable pursuant to such Note redemption or portion thereofrepurchase (unless the Redemption Date or the Repurchase Date, as the case may be, pursuant is an Interest Payment Date, in which case the semi-annual payment of Interest becoming due on such date shall be payable to Section 3.3 the holders of such Notes registered as such on the applicable Regular Record Date). Notwithstanding the foregoing, if any Note (or 16.2 hereofportion thereof) is converted into Common Stock during the period after a Regular Record Date to, but excluding, the next succeeding Interest Payment Date and such Note (or portion thereof) has been called or tendered for redemption on a Redemption Date which occurs during such period, the Company shall not be required to pay Interest on such Interest Payment Date in respect of any such Note (or portion thereof). The Company shall pay Interest may, at the option of the Company, be paid (i) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Note Register (or upon written notice from the registered holder thereof, by wire transfer in immediately available funds, if such person Person is entitled to Interest on the registry kept for such purposes; PROVIDED that, with respect to any holder of Notes with an aggregate principal amount equal to or in excess of $5,000,000, at the request ) or (ii) on any Global Note by wire transfer of such holder in writing immediately available funds to the Company account of the Depositary or its nominee. Any Interest on any Note which is payable, but is not punctually paid or duly provided for, on any November 1 or May 1 (who herein called “Defaulted Interest”) shall then furnish written notice forthwith cease to such effect be payable to the Trustee)Noteholder on the relevant Regular Record Date by virtue of his having been such Noteholder, interest on and such holder's Notes Defaulted Interest shall be paid by wire transfer (the costs of such wire transfer to be borne by the Company, at its election in each case, as provided in clause (1) in immediatelyor (2) below:

Appears in 1 contract

Samples: Registration Rights Agreement (Quicksilver Resources Inc)

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