Common use of Default on Senior Indebtedness Clause in Contracts

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 38 contracts

Samples: Loan and Security Agreement (Homebanc Corp), Indenture (James River Group, INC), Indenture (Tower Group, Inc.)

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Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fullcanceled, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 19 contracts

Samples: Indenture (ACA Capital Holdings Inc), Indenture (Eurobancshares Inc), Indenture (Nara Bancorp Inc)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, before all Senior Indebtedness is paid in full, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 11 contracts

Samples: Indenture (Gamco Investors, Inc. Et Al), Indenture (DPW Holdings, Inc.), Indenture (Singing Machine Co Inc)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company to the Holders of the Notes with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, interest on, or interest on any other amount owing in respect of, the DebenturesNotes. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Holder of the Notes when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 8 contracts

Samples: Fourth Supplemental Indenture (Tele Communications Inc /Co/), First Supplemental Indenture (Delphi Financial Group Inc/De), Xl Capital LTD

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, of or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph sentence of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of the Senior Indebtedness.

Appears in 7 contracts

Samples: First Busey Statutory Trust V, Team Financial Capital Trust I, Old Second Bancorp Inc

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including redemption payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 6 contracts

Samples: Indenture (M&t Bank Corp), Indenture (Ucbh Trust Co), Indenture (First Western Bancorp Inc)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 6 contracts

Samples: Tib Financial Corp., Indenture (QCR Holdings Inc), Indenture (United National Bancorp)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, or in the event that the maturity of any Senior Indebtedness of the Company Company, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, or interest on the DebenturesNotes including payment with respect to any obligation due under the Preferred Securities Guarantee. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Holder when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 6 contracts

Samples: Eighth Supplemental Indenture (HSBC Finance Capital Trust IX), Supplemental Indenture (Household Capital Trust Vi), Fourth Supplemental Indenture (Household International Inc)

Default on Senior Indebtedness. In Upon the event occurrence and during the any continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of such a default, or in the event of the commencement of a judicial proceeding with regard to such an alleged default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fullevent of default, then, in either any case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, of or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph sentence of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of the Senior Indebtedness.

Appears in 5 contracts

Samples: Indenture (S Y Bancorp Inc), Indenture (S Y Bancorp Inc), S.Y. Bancorp Capital Trust II

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.715.06, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 5 contracts

Samples: Indenture (Community Bancshares Inc /De/), Indenture (National Commerce Capital Trust I), Indenture (Leucadia Capital Trust I)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the No payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, or interest (including any Additional Interest or Compound Interest) or Additional Redemption Distributions, if any, on the DebenturesSecurities may be made if there shall have occurred and be continuing (i) a default in the payment when due of principal of, premium, if any, sinking funds, if any, or interest, if any, on any Senior Indebtedness of the Company and any applicable grace period with respect to such default shall have ended without such default having been cured or waived or ceasing to exist or (ii) an event of default with respect to any Senior Indebtedness of the Company resulting in the acceleration of the maturity thereof without such acceleration having been rescinded or annulled. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.21202, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 5 contracts

Samples: Fleetwood Enterprises Inc/De/, Fleetwood Enterprises Inc/De/, Fleetwood Enterprises Inc/De/

Default on Senior Indebtedness. In If there should occur any receivership, insolvency, assignment for the event benefit of creditors, bankruptcy, reorganization or arrangements with creditors (whether or not pursuant to bankruptcy or other insolvency laws), sale of all or substantially all of the assets, dissolution, liquidation or any other marshalling of the assets and during liabilities of the continuation Company, or if this Note shall be declared due and payable upon the occurrence of an Event of Default with respect to any default Senior Indebtedness, then (i) no amount shall be paid by the Company in respect of the principal of or interest on this Note at the time outstanding, unless and until the principal of and interest on the Senior Indebtedness then outstanding shall be paid in full, and (ii) no claim or proof of claim shall be filed with the Company by or on behalf of the Holder of this Note that shall assert any right to receive any payments in respect of the principal of and interest on this Note, except subject to the payment in full of principal, premium, the principal of and interest or any other payment due on all of the Senior Indebtedness then outstanding. If there occurs an event of default that has been declared in writing with respect to any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of instrument under which any Senior Indebtedness is outstanding, permitting the holder of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not to accelerate the maturity thereof, then, unless and until such event of default shall have been cured or waived or shall have ceased to exist, or all Senior Indebtedness shall have been paid in full, then, in either case, no payment shall be made by the Company with in respect to of the principal (including redemption) of, or premium, if any, of or interest on this Note, unless within three (3) months after the Debentures. In the happening of such event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered todefault, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any maturity of such Senior Indebtedness may shall not have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtednessaccelerated.

Appears in 5 contracts

Samples: Note Purchase Agreement (Interface Systems Inc), Convertible Subordinated Note Purchase Agreement (Tumbleweed Communications Corp), Convertible Subordinated Note Purchase Agreement (Tumbleweed Communications Corp)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company to the Holders of the Notes with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, interest on, or interest on any other amount owing in respect of, the DebenturesNotes. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Holder of the Notes when such payment is prohibited by the preceding paragraph of this Section 15.2502, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 4 contracts

Samples: Indenture (Teco Energy Inc), Indenture (Teco Energy Inc), Indenture (Teco Capital Trust Iii)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company Guarantor in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company any Guarantor with respect to the principal (including redemption) of, or premium, if any, or interest Note Guarantee on the DebenturesGuaranteed Notes until such Guarantor’s obligations with respect to the Senior Indebtedness are paid in full. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.217.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders Holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture or agreement pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders Holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 120 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders Holders of such Senior Indebtedness.

Appears in 4 contracts

Samples: Fourth Supplemental Indenture (Cit Group Inc), Third Supplemental Indenture (Cit Group Inc), First Supplemental Indenture (Cit Group Inc)

Default on Senior Indebtedness. In the event and during ------------------------------ the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 4 contracts

Samples: Indenture (First Banks Inc), Indenture (First Banks, Inc), Indenture (First Banks, Inc)

Default on Senior Indebtedness. In the event and during the continuation of that any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following has occurred and is continuing and any applicable grace periodperiod with respect to such default has expired and such default has not been cured or waived or ceased to exist, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.213.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 4 contracts

Samples: Arvin Capital I, Arvin Capital I, WPSR Capital Trust I

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company or the Guarantor in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodor the Guarantor, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company or the Guarantor, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesNotes, including payment with respect to any obligation due under the Guarantees. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any holder when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 4 contracts

Samples: First Supplemental Indenture (Mediaone Finance Trust Ii), Indenture (Mediaone Group Inc), Third Supplemental Indenture (Us West Inc)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities until such default shall have been cured or waived in writing or shall have ceased to exist or such Senior Indebtedness shall have been discharged or paid in full. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Securityholder when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.212.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 4 contracts

Samples: Indenture (Continental Airlines Finance Trust Iii), Indenture (Spinnaker Exploration Co), Newfield Exploration Co /De/

Default on Senior Indebtedness. In No payment may be made of the event and during principal of, premium, if any, or interest on the continuation Securities, or in respect of any default by redemption, retirement, purchase or other acquisition of any of the Company Securities, at any time when (i) there is a default, after giving effect to any applicable grace period, in the payment of principalthe principal of, premium, if any, interest on or any other payment due on otherwise in respect of any Senior Indebtedness of the Company following any grace periodIndebtedness, whether at maturity or at a date fixed for prepayment or by declaration or otherwise, or in the event that (ii) the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 4 contracts

Samples: Indenture (James River Group, INC), State National Companies, Inc., Indenture (Proassurance Corp)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the No payment of principal, premium, interest or any other payment due on any Senior Indebtedness may be made of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the DebenturesSecurities, or in respect of any redemption, retirement, purchase or other acquisition of any of the Securities, at any time when (i) there is a default in the payment of the principal of, premium, if any, interest on or otherwise in respect of any Senior Indebtedness, whether at maturity or at a date fixed for prepayment or by declaration or otherwise, or (ii) any event of default with respect to any Senior Indebtedness has occurred and is continuing, or would occur as a result of such payment on the Securities or any redemption, retirement, purchase or other acquisition of any of the Securities, permitting the holders of such Senior Indebtedness (or a trustee on behalf of the holders thereof) to accelerate the maturity thereof. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 4 contracts

Samples: Indenture (Countrywide Financial Corp), Indenture (Countrywide Home Loans Inc), Municipal Mortgage & Equity LLC

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness continuing beyond the period of grace, if any, specified in the Company following any grace periodinstrument evidencing such Senior Indebtedness, unless and until such default shall have been cured or waived or shall have ceased to exist, and in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, then no payment shall be made by the Company with respect to the principal of (including redemption) ofredemption payments, or if any), premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.21202, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 4 contracts

Samples: Purchase Agreement (Warnaco Group Inc /De/), Purchase Agreement (Vanstar Financing Trust), Indenture (Inacom Corp)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and or in the event any judicial proceeding is pending with respect to any such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either any such case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, of or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph sentence of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of the Senior Indebtedness.

Appears in 3 contracts

Samples: Itla Capital Corp, Mb Financial Inc /Md, Mb Financial Capital Trust I

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 3 contracts

Samples: Tib Financial Corp., Indenture (Home Bancshares Inc), Indenture (First Community Bancorp /Ca/)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, or interest on the Subordinated Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any holder of Subordinated Debentures when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 3 contracts

Samples: First Supplemental Indenture (Telephone & Data Systems Inc), First Supplemental Indenture (Telephone & Data Systems Inc), Indenture (TDS Capital Ii)

Default on Senior Indebtedness. In If there should occur any ------------------------------ receivership, insolvency, assignment for the event benefit of creditors, bankruptcy, reorganization or arrangements with creditors (whether or not pursuant to bankruptcy or other insolvency laws), sale of all or substantially all of the assets, dissolution, liquidation or any other marshalling of the assets and during liabilities of the continuation Company, or if the Note shall be declared due and payable upon the occurrence of an Event of Default with respect to any default Senior Indebtedness, then (a) no amount shall be paid by the Company in respect of the principal of or interest on the Note at the time outstanding, unless and until the principal of and interest on the Senior Indebtedness then outstanding shall be paid in full, and (b) no claim or proof of claim shall be filed with the Company by or on behalf of the Holder of the Note that shall assert any right to receive any payments in respect of the principal of and interest on the Note, except subject to the payment in full of principal, premium, the principal of and interest or any other payment due on all of the Senior Indebtedness then outstanding. If there occurs an Event of Default that has been declared in writing with respect to any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of instrument under which any Senior Indebtedness is outstanding, permitting the holder of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not to accelerate the maturity thereof, then, unless and until such Event of Default shall have been cured or waived or shall have ceased to exist, or all Senior Indebtedness shall have been paid in full, then, in either case, no payment shall be made by the Company with in respect to of the principal (including redemption) of, or premium, if any, of or interest on the Debentures. In Note, unless within three (3) months after the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when happening of such payment is prohibited by the preceding paragraph Event of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered toDefault, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any maturity of such Senior Indebtedness may shall not have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtednessaccelerated.

Appears in 3 contracts

Samples: Registration Rights Agreement (Retractable Technologies Inc), Registration Rights Agreement (Retractable Technologies Inc), Registration Rights Agreement (Retractable Technologies Inc)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionprepayments) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including prepayments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of all amounts due in respect of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent of the amounts due in respect of such Senior Indebtedness and only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment payment, of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 3 contracts

Samples: Indenture (Vesta Insurance Group Inc), Indenture (Vesta Insurance Group Inc), Indenture (Markel Corp)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness with respect to the Securities of the Company following any grace periodseries, or in the event that the maturity of any Senior Indebtedness with respect to the Securities of the Company any series has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, any premium or premium, if anyinterest on, or interest on any Additional Amounts with respect to, the DebenturesSecurities of such series or to acquire such Securities (other than pursuant to the conversion of such Securities). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (Partnerre LTD), Indenture (Partnerre LTD), Partnerre LTD

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company to the Holders of the Notes with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on on, or any other amount owing in respect of, the DebenturesNotes. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Holder of the Notes when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 3 contracts

Samples: Tci Communications Financing Iv, Tci Communications Financing Iv, Tci Communications Financing Vi

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including redemption payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of all Allocable Amounts due in respect of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent of the Allocable Amounts in respect of such Senior Indebtedness and only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment payment, of the amounts Allocable Amounts then due and owing on the such Senior Indebtedness and only the amounts Allocable Amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 3 contracts

Samples: Indenture (Bank of Boston Corp), Bankboston Capital Trust Iii, Bankboston Capital Trust V

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, of or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including redemption payments) of or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness Indebtedness, and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 3 contracts

Samples: Indenture (Sterling Bancshares Inc), Sterling Bancshares Capital Trust Ii, Sterling Bancshares Capital Trust Ii

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following (and any applicable grace period, period with respect to such default has ended and such default has not been cured or waived) or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premiuminterest on, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Holder when such payment is prohibited by the preceding paragraph of this Section 15.213.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 3 contracts

Samples: American Annuity Group Inc, American Financial Group Inc, Provident Capital Trust Iv

Default on Senior Indebtedness. In the event and during the ------------------------------- continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Intervest Bancshares Corp), Indenture (Florida Banks Inc)

Default on Senior Indebtedness. In the event and during ------------------------------ the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness. SECTION 15.3.

Appears in 2 contracts

Samples: Indenture (Intervest Bancshares Corp), Indenture (Intervest Bancshares Corp)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premiuminterest on, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.211.02, subject to the provisions of Section 11.06, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Berkshire Hathaway Energy Co), Indenture (Midamerican Energy Holdings Co /New/)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness with respect to the Securities of the Company following any grace periodseries, or in the event that the maturity of any Senior Indebtedness with respect to the Securities of the Company any series has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, any premium or premium, if anyinterest on, or interest on any Additional Amounts with respect to, the DebenturesSecurities of such series or to acquire such Securities (other than pursuant to the conversion of such Securities). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.213.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 2 contracts

Samples: Aspen Insurance Holdings LTD, MRH Capital Trust I

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness with respect to the Securities of the Company following any grace periodseries, or in the event that the maturity of any Senior Indebtedness with respect to the Securities of the Company any series has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, any premium or interest on on, the DebenturesSecurities of such series. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.214.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and upon written direction from the Company shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the Company or the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Athene Holding Ltd.), Indenture (Athene Holding Ltd.)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any applicable grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default default, and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest payments due on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.715.06, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Service 1st Bancorp), Indenture (QCR Holdings Inc)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionprepayment) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including prepayments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of all amounts due in respect of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent of the amounts due in respect of such Senior Indebtedness and only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment payment, of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Berkley W R Capital Trust), Orion Capital Corp

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness with respect to the Securities of the Company following any grace periodseries, or in the event that the maturity of any Senior Indebtedness with respect to the Securities of the Company any series has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, any premium or interest on on, the DebenturesSecurities of such series. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Cit Group Inc), Cit Group Inc

Default on Senior Indebtedness. In the event and during the ------------------------------ continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Intervest Bancshares Corp), Indenture (Gateway Bancshares Inc /Ga/)

Default on Senior Indebtedness. In the event and during the ------------------------------ continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Alabama National Bancorporation), Indenture (Prosperity Bancshares Inc)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on in respect of any Senior Indebtedness of the Company following any applicable grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default default, and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest payments due on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2Section, such payment shall, subject to Section 15.715.06, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (American Safety Insurance Group LTD), Kingsway Financial Services Inc

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any applicable grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default default, and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, full then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest payments due on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee Securityholders when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee Securityholders in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee Securityholders shall be paid to the holders of Senior Indebtedness.

Appears in 2 contracts

Samples: Securityholders Agreement (Uwharrie Capital Corp), Securityholders Agreement (Uwharrie Capital Corp)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness continuing beyond the period of grace, if any, specified in the Company following any grace periodinstrument evidencing such Senior Indebtedness, unless and until such default shall have been cured or waived or shall have ceased to exist, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, then no payment shall be made by the Company with respect to the principal of (including redemption) ofredemption payments), or premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.21202, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Calenergy Capital Trust Iii), Calenergy Co Inc

Default on Senior Indebtedness. In Upon the event occurrence and during the any ------------------------------ continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of such a default, or in the event of the commencement of a judicial proceeding with regard to such an alleged default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fullevent of default, then, in either any case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, of or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph sentence of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days prior to the Trustee's receipt of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of the Senior Indebtedness.

Appears in 2 contracts

Samples: Abc Bancorp Capital Trust I, Abc Bancorp Capital Trust I

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company Guarantor in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company any Guarantor with respect to the principal (including redemption) of, or premium, if any, or interest Note Guarantee on the DebenturesGuaranteed Notes until such Guarantor’s obligations with respect to the Senior Indebtedness are paid in full. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.217.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture or agreement pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 120 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 2 contracts

Samples: First Supplemental Indenture (Cit Group Inc), Fourth Supplemental Indenture (Cit Group Inc)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of Indebtedness, in the Company following event that any applicable grace periodperiod with respect to such default has ended and such default has not been cured or waived or ceased to exist, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either caseany of these cases, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including redemption payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Puget Sound Energy Inc), Indenture (Agl Resources Inc)

Default on Senior Indebtedness. In If there should occur any receivership, insolvency, assignment for the event benefit of creditors, bankruptcy, reorganization or arrangements with creditors (whether or not pursuant to bankruptcy or other insolvency laws), sale of all or substantially all of the assets, dissolution, liquidation or any other marshalling of the assets and during liabilities of the continuation Company, or if the Note shall be declared due and payable upon the occurrence of an Event of Default with respect to any default Senior Indebtedness, then (a) no amount shall be paid by the Company in respect of the principal of or interest on the Note at the time outstanding, unless and until the principal of and interest on the Senior Indebtedness then outstanding shall be paid in full, and (b) no claim or proof of claim shall be filed with the Company by or on behalf of the Holder of the Note that shall assert any right to receive any payments in respect of the principal of and interest on the Note, except subject to the payment in full of principal, premium, the principal of and interest or any other payment due on all of the Senior Indebtedness then outstanding. If there occurs an Event of Default that has been declared in writing with respect to any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of instrument under which any Senior Indebtedness is outstanding, permitting the holder of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not to accelerate the maturity thereof, then, unless and until such Event of Default shall have been cured or waived or shall have ceased to exist, or all Senior Indebtedness shall have been paid in full, then, in either case, no payment shall be made by the Company with in respect to of the principal (including redemption) of, or premium, if any, of or interest on the Debentures. In Note, unless within three (3) months after the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when happening of such payment is prohibited by the preceding paragraph Event of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered toDefault, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any maturity of such Senior Indebtedness may shall not have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtednessaccelerated.

Appears in 2 contracts

Samples: Convertible Subordinated Note Agreement (Abbott Laboratories), Convertible Subordinated Note Agreement (Micro Therapeutics Inc)

Default on Senior Indebtedness. In If there should occur any receivership, insolvency, assignment for the benefit of creditors, bankruptcy, reorganization or arrangements with creditors (whether or not pursuant to bankruptcy or other insolvency laws), sale of all or substantially all of the assets, dissolution, liquidation or any other marshaling of the assets and liabilities of the Company, or if this Note shall be declared due and payable upon the occurrence of an event and during the continuation of default with respect to any default Senior Indebtedness, then (i) no amount shall be paid by the Company in respect of the principal of or interest on this Note at the time outstanding, unless and until the principal of and interest on the Senior Indebtedness then outstanding shall be paid in full, and (ii) no claim or proof of claim shall be filed with the Company by or on behalf of the Holder of this Note that shall assert any right to receive any payments in respect of the principal of and interest on this Note, except subject to the payment in full of principal, premium, the principal of and interest or any other payment due on all of the Senior Indebtedness then outstanding. If there occurs an event of default that has been declared in writing with respect to any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of instrument under which any Senior Indebtedness is outstanding, permitting the holder of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not to accelerate the maturity thereof, then, unless and until such event of default shall have been cured or waived or shall have ceased to exist, or all Senior Indebtedness shall have been paid in full, then, in either case, no payment shall be made by the Company with in respect to of the principal (including redemption) of, or premium, if any, of or interest on this Note, unless within 90 days after the Debentures. In the happening of such event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered todefault, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any maturity of such Senior Indebtedness may shall not have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtednessaccelerated.

Appears in 2 contracts

Samples: Warrant Purchase Agreement (Silicon Entertainment Inc /Ca/), Security Agreement (Silicon Entertainment Inc /Ca/)

Default on Senior Indebtedness. In Upon the event occurrence and during the any continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of such a default, or in the event of the commencement of a judicial proceeding with regard to such an alleged default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fullevent of default, then, in either any case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, of or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph sentence of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 ninety (90) days of after such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of the Senior Indebtedness.

Appears in 2 contracts

Samples: Stifel Financial Corp, Stifel Financial Corp

Default on Senior Indebtedness. In No payment may be made of the event and during principal of, premium, if any, or interest on the continuation Securities, or in respect of any default by redemption, retirement, purchase or other acquisition of any of the Company Securities, at any time when (i) there is a default, after giving effect to any applicable grace period, in the payment of principal, the principal of; premium, if any, interest on or any other payment due on otherwise in respect of any Senior Indebtedness of the Company following any grace periodIndebtedness, whether at maturity or at a date fixed for prepayment or by declaration or otherwise, or in the event that (ii) the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (First Mercury Financial Corp), Indenture (First Mercury Financial Corp)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness with respect to the Securities of the Company following any grace periodseries, or in the event that the maturity of any Senior Indebtedness with respect to the Securities of the Company any series has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, any premium or premium, if anyinterest on, or interest on any Additional Amounts with respect to, the DebenturesSecurities of such series. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 2 contracts

Samples: Jabil Circuit Inc, Jabil Circuit Inc

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, or in the event that the maturity of any Senior Indebtedness of the Company Company, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, or interest on the DebenturesNotes including payment with respect to any obligation due under the Capital Securities Guarantee. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Holder when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 2 contracts

Samples: Eighth Supplemental Indenture (HSBC Finance Capital Trust IX), Fourth Supplemental Indenture (Household International Inc)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionprepayments) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including prepayments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of all Allocable Amounts due in respect of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment of the amounts Allocable Amounts then due and owing on the such Senior Indebtedness and only the amounts Allocable Amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (New York Bancorp Capital Trust), Life Financial Capital Trust

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of Indebtedness, or in the Company following event that any applicable grace periodperiod with respect to such default has ended and such default has not been cured or waived or ceased to exist, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the Subordinated Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness Indebtedness, and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 2 contracts

Samples: Supplemental Indenture (Northwestern Corp), Fourth Supplemental Indenture (Northwestern Corp)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company or the Guarantor in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following or the Guarantor, as the case may be (after any applicable grace periodperiod with respect to such payment default has elapsed with such default not having been cured or waived or ceasing to exist), or in the event that the maturity of any Senior Indebtedness of the Company or the Guarantor, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company or the Guarantor, as the case may be, with respect to the principal (including redemptionredemption and sinking fund payments, if any) of, or premium, if any, or interest on the DebenturesSecurities, including payment with respect to any obligation due under the Guarantees. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Countrywide Financial Corp), Indenture (Countrywide Capital Ii)

Default on Senior Indebtedness. In If there should occur any receivership, insolvency, assignment for the event and during benefit of creditors, bankruptcy, reorganization or arrangements with creditors (whether or not pursuant to bankruptcy or other insolvency laws) sale of all or substantially all of the continuation of any default by the Company in the payment of principalassets, premiumdissolution, interest liquidation or any other payment marshaling of the assets and liabilities of the Issuer, or if this Note shall be declared due on and payable upon the occurrence of an event of default with respect to any Senior Indebtedness Indebtedness, then (i) no amount shall be paid by the Issuer in respect of the Company following principal of or interest on this Note at the time outstanding, unless and until the principal of and interest on the Senior Indebtedness then outstanding shall be paid in full, and (ii) no claim or proof of claim shall be filed with the Issuer by or on behalf of the Holder of this Note that shall assert any grace periodright to receive any payments in respect of the principal of and interest on this Note, except subject to the payment in full of the principal of and interest on all of the Senior Indebtedness then outstanding. If there occurs an event of default that has been declared in writing with respect to any Senior Indebtedness, or in the event that the maturity of instrument under which any Senior Indebtedness is outstanding, permitting the holder of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not to accelerate the maturity thereof, then, unless and until such event of default shall have been cured or waived or shall have ceased to exist, or all Senior Indebtedness shall have been paid in full, then, in either case, no payment shall be made by the Company with in respect to of the principal (including redemption) of, or premium, if any, of or interest on this Note, unless within 60 days after the Debentures. In the happening of such event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered todefault, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any maturity of such Senior Indebtedness may shall not have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtednessaccelerated.

Appears in 2 contracts

Samples: FriendFinder Networks Inc., FriendFinder Networks Inc.

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including redemption payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of all Allocable Amounts due in respect of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment of the amounts Allocable Amounts then due and owing on the such Senior Indebtedness and only the amounts Allocable Amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Hubco Inc), Indenture (Hubco Inc)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities until such default shall have been cured or waived in writing or shall have ceased to exist or such Senior Indebtedness shall have been discharged or paid in full. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including redemption payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Securityholder when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 2 contracts

Samples: NGC Corp, Dynegy Capital Trust Iii

Default on Senior Indebtedness. In If any portion or all of the event Senior Indebtedness shall be declared due and during the continuation of any default payable, then, (a) so long as such Senior Indebtedness remains due and payable, no amount shall be paid by the Company in respect of the outstanding principal balance of this Note or accrued but unpaid interest on this Note, unless and until the portion of the Senior Indebtedness then due and payable shall be paid in full, and (b) no claim or proof of claim shall be filed with the Company by or on behalf of Xxxxxx of this Note by a Majority of the Noteholders, that shall assert any right to receive any payments in respect of the outstanding principal balance and accrued but unpaid interest on this Note, except subject to the payment in full of principal, premium, the principal of and accrued but unpaid interest or any other payment due on all of the Senior Indebtedness then outstanding. If there occurs an event of default that has been declared in writing with respect to any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of instrument under which any Senior Indebtedness is outstanding, permitting the holder of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not to accelerate the maturity thereof, then, the Company shall immediately notify Holder in writing, and unless and until such event of default shall have been cured or waived or shall have ceased to exist, or all Senior Indebtedness then due and payable shall have been paid in full, then, in either case, no payment shall be made by in respect of the Company with respect to the outstanding principal (including redemption) of, balance or premium, if any, or accrued but unpaid interest on this Note, unless within thirty (30) days after the Debentures. In the happening of such event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered todefault, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any maturity of such Senior Indebtedness may shall not have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtednessaccelerated.

Appears in 2 contracts

Samples: Source Energy Corp /Ut/, Innuity, Inc. /Ut/

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities until such default shall have been cured or waived in writing or shall have ceased to exist or such Senior Indebtedness shall have been discharged or paid in full. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including redemption payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Securityholder when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.2SECTION 15.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 2 contracts

Samples: Illinois Power Co, Illinois Power Co

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Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company Company, with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Marshall & Ilsley Corp/Wi/), Indenture (Union Planters Corp)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company Corporation in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company Corporation with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Corporation with respect to the principal (including redemption payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (First Commonwealth Financial Corp /Pa/), Peoples Heritage Financial Group Inc

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesNotes. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any holder when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Commonwealth Edison Co), ____________ Supplemental Indenture (Commonwealth Edison Co)

Default on Senior Indebtedness. In the event and during the continuation of that any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following has occurred and is continuing and any applicable grace periodperiod with respect to such default has expired and such default has not been cured or waived or ceased to exist, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.214.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 2 contracts

Samples: WPS Resources Corp, WPS Resources Corp

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the Subordinated Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any holder of Subordinated Debentures when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Kansas City Power & Light Co)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionincluding, redemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or the Holders when such payment is prohibited by the preceding paragraph of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Nordstrom Inc

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionprepayment payments) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including prepayment payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, ; or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Premier Bancorp Inc /Pa/)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, principal or interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity any event of default with respect to any Senior Indebtedness shall have occurred and be continuing and shall have resulted in such Senior Indebtedness becoming or being declared due and payable prior to the date on which it would otherwise have become due and payable (unless and until such event of the Company has default shall have been accelerated because of a default cured or waived or shall have ceased to exist and such acceleration has not shall have been rescinded or canceled and annulled) or in the event any judicial proceeding shall be pending with respect to any such Senior Indebtedness has not been paid default in fullpayment or such event of default, then, in either case, then no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, of or interest on on, the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment on the Securities shall be received by the Trustee or any Holder when such payment is prohibited by the preceding paragraph of this Section 15.21102, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Great West Life & Annuity Insurance Capital I)

Default on Senior Indebtedness. In the event and during -------------------------------- the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Intervest Bancshares Corp)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesNotes. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any holder when such payment is prohibited by the preceding paragraph of this Section 15.23.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Commonwealth Edison Co

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company Corporation in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company Corporation with respect to the principal (including redemptionprepayment payments) of, of (or premium, if any, ) or interest on the DebenturesSecurities (including Compounded Interest and Additional Sums (if any) and Liquidated Damages, if any, or any other amounts which may be due on the Securities pursuant to the terms hereof or thereof). In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Corporation with respect to the principal (including prepayment payments) of (or premium, if any) or interest on the Securities (including Compounded Interest and Additional Sums (if any) and Liquidated Damages, if any, or any other amounts which may be due on the Securities pursuant to the terms hereof or thereof) until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Debenture Trustee when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.Section

Appears in 1 contract

Samples: Indenture (Banknorth Capital Trust I)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness of the Company following any applicable grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default default, and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest payments due on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Security holder when such payment is prohibited by the preceding paragraph of this Section 15.2Section, such payment shall, subject to Section 15.715.06, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Hf Financial Corp

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness with respect to the Securities of the Company following any grace periodseries, or in the event that the maturity of any Senior Indebtedness with respect to the Securities of the Company any series has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, any premium or premium, if anyinterest on, or interest on any Additional Amounts with respect to, the DebenturesSecurities of such series or to acquire such Securities (other than pursuant to the conversion of such Securities). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.216.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness or Subordinated Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 1 contract

Samples: Partnerre LTD

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including redemption payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of all Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent of that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment payment, of the amounts then hen due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Bancfirst Corp /Ok/)

Default on Senior Indebtedness. In the event and during ------------------------------- the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Parke Bancorp, Inc.)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company Subsidiary Guarantor in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company any Subsidiary Guarantor with respect to the principal (including redemption) of, or premium, if any, or interest Note Guarantee on the DebenturesGuaranteed Notes until such Subsidiary Guarantor’s obligations with respect to the Senior Indebtedness are paid in full. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.219.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders Holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture or agreement pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders Holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 120 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders Holders of such Senior Indebtedness.

Appears in 1 contract

Samples: First Supplemental Indenture (Cit Group Inc)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness continuing beyond the period of grace, if any, specified in the Company following any grace periodinstrument evidencing such Senior Indebtedness, unless and until such default shall have been cured or waived or shall have ceased to exist, and in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, then no payment shall be made by the Company with respect to the principal of (including redemption) ofredemption payments), or premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.212.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Securities Purchase Agreement (Hearst Argyle Television Inc)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company Guarantor in the payment of principal, premium, interest or any other payment due on in respect of any Senior Indebtedness of the Company following any applicable grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default default, and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company Guarantor with respect to the principal (including redemption) of, or premium, if any, or interest on the Debenturesany Guaranteed Obligations. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2Section, such payment shall, subject to Section 15.717.06, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Kingsway Financial Services Inc

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company Guarantor in the payment of principal, premium, interest or any other payment due on in respect of any Senior Indebtedness of the Company following any applicable grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default default, and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company Guarantor with respect to the principal (including redemption) of, or premium, if any, or interest on the Debenturesany Guaranteed. Obligations. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2Section, such payment shall, subject to Section 15.717.06, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may 66 have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Kingsway Financial Services Inc

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company Guarantor in the payment of principal, premium, interest or any other payment due on in respect of any Senior Indebtedness of the Company following any applicable grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default default, and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company Guarantor with respect to the principal (including redemption) of, or premium, if any, or interest payments due on the DebenturesGuarantee. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2Section, such payment shall, subject to Section 15.717.06, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (American Safety Insurance Group LTD)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness continuing beyond the period of grace, if any, specified in the Company following any grace periodinstrument evidencing such Senior Indebtedness, unless and until such default shall have been cured or waived or shall have ceased to exist, and in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, then no payment shall be made by the Company with respect to the principal of (including redemption) ofredemption payments), or premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.212.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness Indebted- ness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Purchase Agreement (Dt Industries Inc)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Textron Inc

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including redemption payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtednesspayment.

Appears in 1 contract

Samples: United National Bancorp (United National Bancorp)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on in respect of any Senior Indebtedness of the Company following any applicable grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default default, and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest payments due on the Debentures. In Debt Securities, in the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2Section, such payment shall, subject to Section 15.715.06, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness Indebtedness_ (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing owing., on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Kingsway Financial Services Inc

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, if any, interest or any other payment due on any Senior Indebtedness of Indebtedness, in the Company following event that any applicable grace periodperiod with respect to such default has ended and such default has not been cured or waived or ceased to exist, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fullrescinded, then, in either caseany of these cases, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, Redemption Price of or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 1 contract

Samples: Mmi Companies Inc

Default on Senior Indebtedness. In the event and -------------------------------- during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (First Banks, Inc)

Default on Senior Indebtedness. In Unless Section 13.03 shall be applicable, in the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been or would be permitted upon notice or the passage of time to be accelerated because of a default, or if any judicial proceeding shall be pending with respect to any such default, then, unless and until such event of default shall have been cured or waived or shall have ceased to exist and such acceleration has not shall have been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either caseannulled, no payment or distribution of any kind or character, whether in cash, properties or securities shall be made by the Company with respect to the principal (including redemptionprepayment payments) of, of or premium, if any, or interest on the DebenturesNotes or on account of the purchase or other acquisition of Notes by the Company or any Subsidiary, in each case unless and until all amounts due or to become due on such Senior Indebtedness are paid in full in cash or other consideration satisfactory to the holders of such Senior Indebtedness. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee holder of any Note when such payment is prohibited by the preceding paragraph of this Section 15.213.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee Noteholders in writing writing, within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtednesspayment.

Appears in 1 contract

Samples: Deferrable Interest Note Agreement (FBL Financial Group Inc)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness continuing beyond the period of grace, if any, specified in the Company following any grace periodinstrument evidencing such Senior Indebtedness, unless and until such default shall have been cured or waived or shall have ceased to exist, and in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, then no payment shall be made by the Company with respect to the principal of (including redemption) ofredemption payments, or if any), premium, if any, or interest on the Convertible Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.21202, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Central Parking Corp

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company Bank in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company Bank following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company Bank has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company Bank with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Union National Financial Corp / Pa

Default on Senior Indebtedness. In the event and during the ------------------------------ continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fullcanceled, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (New South Bancshares Inc)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following Company, and any applicable grace periodperiod with respect to such default has expired and such default has not been cured or waived or ceased to exist, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal princi pal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the Subordinated Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2Section, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness Indebted ness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness Indebted ness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: First Supplemental Indenture (Illinova Corp)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionprepayment) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including prepayments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent of the amounts due in respect of such Senior Indebtedness and only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment payment, of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 1 contract

Samples: Orion Capital Trust I

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default, or if any judicial proceeding shall be pending with respect to any such default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either any such case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Citicorp)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness continuing beyond the period of grace, if any, specified in the Company following any grace periodinstrument evidencing such Senior Indebtedness, or in the event that the maturity Maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default, unless and until such default and shall have been cured or waived or shall have ceased to exist, or any such acceleration or demand for payment has not been rescinded or canceled and such Senior Indebtedness has not been paid in fullrescinded, then, in either any such case, no payment shall be made by the Company with respect to the principal of (including redemption) ofredemption payments, or if any), premium, if any, or interest on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Indenture Trustee when such payment is prohibited by the preceding paragraph of this Section 15.212.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Indenture Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Indenture Trustee shall be paid to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Breed Technologies Inc

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including redemption payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full (or amounts sufficient to make such payment have been irrevocably deposited or placed in trust for the sole benefit of the Senior Indebtedness) of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Haven Capital Trust I)

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, of or premium, if any, or interest on the Subordinated Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness Indebtedness, and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 1 contract

Samples: Supplemental Indenture (Northwestern Capital Financing I)

Default on Senior Indebtedness. In No payment may be made of the event and during principal of, premium, if any, or interest on the continuation Surplus Notes, or in respect of any default by redemption, retirement, purchase or other acquisition of any of the Company Surplus Notes, at any time when (i) there is a default, after giving effect to any applicable grace period, in the payment of principalthe principal of, premium, if any, interest on or any other payment due on otherwise in respect of any Senior Indebtedness of the Company following any grace periodIndebtedness, whether at maturity or at a date fixed for prepayment or by declaration or otherwise, or in the event that (ii) the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust by Trustee (to the extent such payment has not aready been released to the Holders of the Surplus Notes) and by the Holders of the Surplus Notes for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Holders of the Surplus Notes and the Trustee shall be paid by the Holders of the Surplus Notes to the holders of Senior Indebtedness.

Appears in 1 contract

Samples: Pma Capital Corp

Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including redemption payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of all Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment payment, of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Madison Bancshares Group LTD)

Default on Senior Indebtedness. In Unless Section 4.03 shall be applicable, in the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been or would be permitted upon notice or the passage of time to be accelerated because of a default, then, unless and until such event of default shall have been cured or waived or shall have ceased to exist and such acceleration has not shall have been rescinded or canceled and such Senior Indebtedness has not been paid in fullannulled, then, in either case, then no payment or distribution of any kind or character, whether in cash, properties or securities shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesDebentures or on account of the purchase or other acquisition of Debentures by the Company or any Subsidiary, in each case unless and until all amounts due or to become due on such Senior Indebtedness are paid in full in cash or other consideration satisfactory to the holders of such Senior Indebtedness. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or a holder of any Debenture when such payment is prohibited by the preceding paragraph of this Section 15.24.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtednesspayment.

Appears in 1 contract

Samples: First Supplemental Indenture (Hanover Insurance Group, Inc.)

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