Common use of Defaulted Interest Clause in Contracts

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record date, a notice that states the subsequent special record date, the Default Interest Payment Date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 7 contracts

Samples: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)

AutoNDA by SimpleDocs

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the NotesSecurities, it the Company shall pay the defaulted interest, interest (plus (interest on such defaulted interest at the rate borne by the Securities to the extent lawful) in any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Daylawful manner. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (a the Default Special Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; clause provided. Thereupon the Trustee shall fix a record date (the “Special Record Date”) for the payment of such defaulted interest, however, that in no event which date shall be not more than 15 days and not less than 10 days prior to the Special Interest Payment Date and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid of such Special Record Date, and in respect the name and at the expense of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy shall cause notice of the proposed payment of such defaulted interest and the Special Record Date and Special Interest Payment Date therefor to be given in the Trustee at least 20 manner provided for in Section 13.02, not less than 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, proposed payment of such defaulted interest and the Default Special Record Date and Special Interest Payment Date and the amount of defaulted interesttherefor having been so given, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of on the regular record date for the Special Interest Payment Date for which interest has not been paidto the Persons in whose names the Securities (or their respective predecessor Securities) are registered at the close of business on such Special Record Date and shall no longer be payable. Notwithstanding the foregoing, the The Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section, each Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Security.

Appears in 7 contracts

Samples: Employment Agreement (Amc Entertainment Inc), Indenture (Amc Entertainment Inc), Indenture (Amc Entertainment Holdings, Inc.)

Defaulted Interest. Any installment of interest that is payable, but is not punctually paid or duly provided for on any Interest Payment Date (“Defaulted Interest”) shall forthwith cease to be payable to the Holders in whose names the Notes were registered on the Regular Record Date applicable to such installment of interest. The Company shall pay make payment of any Defaulted Interest (including any interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, such Defaulted Interest) to the extent lawful, pay interest on overdue installments of interest Holders in whose names the Notes are registered at 5:00 p.m. (without regard to any applicable grace periodsNew York City time) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or such Defaulted Interest (a “Special Record Date”), which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons Holders entitled to such defaulted interest Defaulted Interest as provided in this Section; providedSection 10.02. Thereupon the Trustee shall fix a Special Record Date for the payment of such Defaulted Interest, however, that in no event which shall be not more than 15 calendar days and not less than ten calendar days prior to the date of the proposed payment and not less than ten calendar days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid of such Special Record Date and, in respect the name and at the expense of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be sent, by first-class mail, postage prepaid, to each Holder at such Holder’s address as it appears in the Trustee at least 20 registration books of the Registrar, not less than ten calendar days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, the Default proposed payment of such Defaulted Interest Payment Date and the amount of defaulted interestSpecial Record Date therefor having been mailed as aforesaid, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) Defaulted Interest shall be paid to the Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which whose names the Notes may be listed, and upon are registered at 5:00 p.m. (New York City time) on such notice as may be required by such exchangeSpecial Record Date.

Appears in 6 contracts

Samples: Indenture (Bonanza Creek Energy, Inc.), Indenture (Bill Barrett Corp), First Supplemental Indenture (Bill Barrett Corp)

Defaulted Interest. The Company shall will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 5 contracts

Samples: Indenture (Penn National Gaming Inc), Indenture (Penhall Co), Young America Holdings Inc

Defaulted Interest. The Company shall Issuer will pay interest on overdue principal from time to time on demand at a rate of 0.5 percentage points per annum in excess of the rate of interest then borne by the Notes. The Company Issuer shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at a rate of 0.5 percentage points per annum in excess of the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company Issuer defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Issuer for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company Issuer shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company Issuer deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company Issuer shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the CompanyIssuer, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, (a) any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding , and (b) the foregoing, the Company Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 5 contracts

Samples: Indenture (Chaparral Energy, Inc.), Indenture (Chaparral Energy, Inc.), Indenture (Chaparral Energy, Inc.)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company Issuer defaults in on a payment of interest on the Notes, it the Issuer shall pay the defaulted interest, interest then borne by the Notes plus (to the extent lawfulpermitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders thereof on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. If such default continues for thirty (30) days, the Issuer shall fix such special record date shall be the fifteenth day next preceding the date fixed by the Company for the and payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Datedate. At least 15 10 days before the subsequent such special record date, the Company Issuer (or upon the written request of the Issuer, the Trustee, in the name and at the expense of the Issuer) shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record date, affected Noteholder a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee. If the Issuer elects for the Trustee to send such notice to the Holders then the Issuer shall provide such notice to the Trustee along with a written notice to the Trustee instructing the Trustee to send such notice to the Holders at least five (5) days (or such shorter time as may be agreed by the Trustee in its discretion) before such notice is required to be mailed to the Holders. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding In the foregoingevent that the Issuer is required to pay defaulted interest to Holders of Notes, the Company may make payment Issuer will provide written notice to the Trustee of any its obligation to pay such defaulted interest in any other lawful manner not inconsistent with no later than fifteen (15) days prior to the requirements of any securities exchange on which proposed payment date for the Notes may be listed, defaulted interest and upon such notice as may shall set forth the amount of defaulted interest to be required paid by the Issuer on such exchangepayment date. The Trustee shall not at any time be under any duty or responsibility to the Holders to determine the defaulted interest, or with respect to the nature, extent, or calculation of the amount of defaulted interest owed, or with respect to the method employed in such calculation of the defaulted interest.

Appears in 4 contracts

Samples: Indenture (Brinks Co), Indenture (Vail Resorts Inc), Indenture (James Hardie Industries PLC)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the NotesSecurities, it the Company shall pay the defaulted interest, interest (plus (interest on such defaulted interest at the rate borne by the Securities to the extent lawful) in any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Daylawful manner. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (a “Default Interest Payment Date”the "SPECIAL INTEREST PAYMENT DATE"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; clause provided. Thereupon the Trustee shall fix a record date (the "SPECIAL RECORD DATE") for the payment of such defaulted interest, however, that in no event which date shall be not more than 15 days and not less than 10 days prior to the Special Interest Payment Date and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid of such Special Record Date, and in respect the name and at the expense of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy shall cause notice of the proposed payment of such defaulted interest and the Special Record Date and Special Interest Payment Date therefor to be given in the Trustee at least 20 manner provided for in Section 11.02, not less than 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, proposed payment of such defaulted interest and the Default Special Record Date and Special Interest Payment Date and the amount of defaulted interesttherefor having been so given, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of on the regular record date for the Special Interest Payment Date for which interest has not been paidto the Persons in whose names the Securities (or their respective predecessor Securities) are registered at the close of business on such Special Record Date and shall no longer be payable. Notwithstanding the foregoing, the The Company may make payment of any defaulted interest Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section, each Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Security.

Appears in 4 contracts

Samples: Merger Agreement (Amc Entertainment Inc), Merger Agreement (Amc Entertainment Inc), Merger Agreement (Marquee Holdings Inc.)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the NotesSecurities, it the Company shall pay the defaulted interest, interest (plus (interest on such defaulted interest at the rate borne by the Securities to the extent lawful) in any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Daylawful manner. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (a the “Default Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; clause provided, however, that in no event . Thereupon the Trustee shall fix a record date (the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Record Date. At least ”) for the payment of such defaulted interest, which date shall be not more than 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 and not less than 10 days prior to such special record date, a notice that states the subsequent special record date, the Default Interest Payment Date and not less than 10 days after the amount receipt by the Trustee of defaulted interestthe notice of the proposed payment. The Trustee shall promptly notify the Company of such Default Interest Record Date, and interest payable on in the name and at the expense of the Company, shall cause notice of the proposed payment of such defaulted interest, if any, interest and the Default Interest Record Date and Default Interest Payment Date therefor to be paid. Notwithstanding given in the foregoingmanner provided for in Section 11.02, any interest which is paid not less than 10 days prior to the expiration such Default Interest Record Date. Notice of the 30-day period set forth in Section 6.1(1) proposed payment of such defaulted interest and the Default Interest Record Date and Default Interest Payment Date therefor having been so given, such defaulted interest shall be paid to Holders as of on the regular record date for the Default Interest Payment Date for which interest has not been paidto the Persons in whose names the Securities (or their respective predecessor Securities) are registered at the close of business on such Default Interest Record Date and shall no longer be payable. Notwithstanding the foregoing, the The Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section, each Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Security.

Appears in 4 contracts

Samples: Indenture (Regal Entertainment Group), Indenture (National CineMedia, Inc.), Indenture (Regal Entertainment Group)

Defaulted Interest. The Company shall will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(i) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 3 contracts

Samples: Atc Group Services Inc /De/, Sickinger Co, 3003969 Nova Scotia LTD

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, interest to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(i) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 3 contracts

Samples: Indenture (Icn Pharmaceuticals Inc), International Knife & Saw Inc, Icn Pharmaceuticals Inc

Defaulted Interest. The Company shall pay Any interest on overdue principal from time any Security which is payable, but is not punctually paid or duly provided for, on any interest payment date ("Defaulted Interest"), shall forthwith cease to time be payable to the Holder on demand at the rate of interest borne relevant regular record date, and such Defaulted Interest may be paid by the NotesCompany as follows. The Company shall, may elect to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a make payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, Defaulted Interest to the Persons who in whose names the Securities are Holders registered at the close of business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or such Defaulted Interest, which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note Security and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest Defaulted Interest as provided in this Section; section provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, Thereupon the Company shall mail (or cause to fix a special record date for the payment of such Defaulted Interest which shall be mailed) to each Holdernot more than 15 days and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment, as and notify the Trustee thereof. The Trustee shall, in the name and at the expense of a recent date selected by the Company, with a copy cause notice of the proposed payment of such Defaulted Interest and the special record date therefor to the Trustee at least 20 be given to each Holder of Securities pursuant to Section 12.2, not less than 10 days prior to such special record date, a notice that states . Notice of the subsequent proposed payment of such defaulted interest and the special record datedate therefor having been so mailed, the Default such Defaulted Interest Payment Date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as the Persons in whose names the Securities are registered at the close of the regular business on such special record date for the Interest Payment Date for which interest has not been paiddate. Notwithstanding the foregoingAlternatively, the Company may elect to make payment of any defaulted interest Defaulted Interest on the Securities in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes such Securities may be listed, and upon any such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this section, such manner of payment shall be deemed practicable by the Trustee.

Appears in 3 contracts

Samples: Barnes & Noble Inc, Chippac Inc, Mediacom Communications Corp

Defaulted Interest. The Company Interest on any Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall pay be paid to the Person in whose name that Note is registered at the close of business on the Regular Record Date for such interest. Any interest on overdue principal from time to time any Note which is payable, but is not punctually paid or duly provided for, on demand any Interest Payment Date and interest on such defaulted interest at the applicable interest rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of lawful (such defaulted interest (without regard and interest thereon) herein collectively called "Defaulted Interest") shall forthwith cease to any applicable grace periods) from time be payable to time the Holder on demand at the rate relevant Regular Record Date by virtue of interest borne having been such Holder; and such Defaulted Interest shall be paid by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who in whose names the Notes are Holders registered at the close of business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Special Record Date for the payment of defaulted interest or such Defaulted Interest, which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify give the Trustee in writing at least 15 days' written notice (unless a shorter period is acceptable to the Trustee for its convenience) of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held by the Trustee in trust for the benefit of the Persons entitled to such defaulted interest Defaulted Interest as is provided in this Section; provided, however, that in no event Section 2.12. Thereupon the Trustee shall fix a Special Record Date for the payment of such Defaulted Interest which shall not be more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on such Special Record Date. In the name and at the expense of the Company, the Trustee shall cause notice of the proposed Default payment of such Defaulted Interest Payment Date. At least 15 days before and the subsequent special record date, the Company shall mail (or cause Special Record Date therefor to be mailed) , first-class postage prepaid, to each HolderHolder at his address as it appears in the Registrar, as of a recent date selected by the Company, with a copy to the Trustee at least 20 not less than 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, the Default proposed payment of such Defaulted Interest Payment Date and the amount of defaulted interestSpecial Record Date therefor having been so mailed, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) Defaulted Interest shall be paid to Holders as the Persons in whose names the Notes are registered at the close of business on such Special Record Date. Subject to the regular record date foregoing provisions of this Section 2.12, each Note delivered under this Indenture upon registration of transfer of or in exchange for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment or in lieu of any defaulted other Note shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedaccrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.

Appears in 3 contracts

Samples: Indenture (GHTV Inc), Village at Breckenridge Acquisition Corp Inc, Sbarro Inc

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest or any Additional Amounts on any series of Registered Securities, the Notes, it Company shall pay the defaulted interest, plus (interest and any Additional Amounts to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders of Registered Securities of such series in any lawful manner. The Company may also pay the defaulted interest to the persons who are Security holders on a subsequent special record date, which date in the following manner. The Company shall fix the special record date (which shall be between 10 and 30 days before the fifteenth day next preceding the date fixed by the Company payment date) for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to and any Additional Amounts on such Securities and the Trustee payment date for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Dateinterest. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as Holder of a recent date selected by the CompanyRegistered Securities, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interestinterest and any Additional Amounts to be paid, provided the Company has made arrangements satisfactory to the Trustee for payment of the aggregate amount to be paid on such payment date. On such payment date the Trustee shall pay out of funds provided by the Company such defaulted interest and any Additional Amounts. In case a Bearer Security of any series is surrendered at the office or agency of the Company maintained pursuant to Section 4.02 in a Place of Payment for such series in exchange for a Registered Security of such series after the close of business at such office or agency on any special record date and before the opening of business at such office or agency on the related proposed date for payment of defaulted interest and any Additional Amounts, such Bearer Security shall be surrendered without the coupon relating to such proposed date of payment and defaulted interest and any Additional Amounts will not be payable on such defaulted interestproposed date of payment in respect of the Registered Security issued in exchange for such Bearer Security, if any, to but will be paid. Notwithstanding the foregoing, any interest which is paid prior payable only to the expiration Holder of such coupon on or after such payment date in accordance with the 30-day period set forth in Section 6.1(1) shall be paid to Holders as provisions of the regular record date for the Interest Payment Date for which interest has not been paidthis Indenture. Notwithstanding the foregoing, the The Company may make payment of any pay defaulted interest and any Additional Amounts in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchangemanner.

Appears in 3 contracts

Samples: Section Indenture (Sierra Pacific Resources), Indenture (Natural Microsystems Corp), Indenture (Natural Microsystems Corp)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at If the rate of interest borne by the Notes. The Company shallIssuers (and, prior to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial monthEscrow Release Date, the actual number of days elapsed. If the Company defaults Escrow Issuers) default in a payment of interest on the Notes, it they shall pay the defaulted interestinterest in any lawful manner plus, plus (to the extent lawful) any , interest payable on the defaulted interest, interest to the Persons who are Holders on a subsequent special record date, which special record date shall be in each case at the fifteenth day next preceding rate provided in the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business DayNotes and in Section 4.01 hereof. The Company Issuers (and, prior to the Escrow Release Date, the Escrow Issuers) shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company Issuers (and, prior to the Escrow Release Date, the Escrow Issuers) shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; providedSection 2.12. The Issuers (and, howeverprior to the Escrow Release Date, that in no event the Escrow Issuers) shall the Company deposit monies proposed fix or cause to be paid in respect fixed any such special record date and payment date; provided that no such special record date shall be less than 10 days prior to the related payment date for such defaulted interest. The Issuers (and, prior to the Escrow Release Date, the Escrow Issuers) shall promptly notify the Trustee of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Dateany such special record date. At least 15 days before the subsequent any such special record date, the Company Issuers (and, prior to the Escrow Release Date, the Escrow Issuers, or, upon the written request of the Issuers or the Escrow Issuers, as applicable, the Trustee in the name and at the expense of the Issuers and the Escrow Issuers, respectively) shall mail (or cause to be mailed) , first-class postage prepaid, or otherwise deliver in accordance with the Applicable Procedures, to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice at his or her address as it appears in the Note Register that states the subsequent special record date, the Default Interest Payment Date related payment date and the amount of defaulted interest, and such interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior Subject to the expiration foregoing provisions of the 30-day period set forth this Section 2.12 and for greater certainty, each Note delivered under this Indenture upon registration of transfer of or in Section 6.1(1) shall be paid to Holders as of the regular record date exchange for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment or in lieu of any defaulted other Note shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedaccrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.

Appears in 2 contracts

Samples: Indenture (Hilton Grand Vacations Inc.), Indenture (Hilton Grand Vacations Inc.)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, interest to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.1(i) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 2 contracts

Samples: Indenture (Hawk Motors Inc), Indenture (Hawk Brake Inc)

Defaulted Interest. The Company shall pay Any interest on overdue principal from time any Security which is payable, but is not punctually paid or duly provided for, on any interest payment date ("DEFAULTED INTEREST"), shall forthwith cease to time be payable to the Holder on demand at the rate of interest borne relevant regular record date, and such Defaulted Interest may be paid by the NotesCompany as follows. The Company shall, may elect to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a make payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, Defaulted Interest to the Persons who in whose names the Securities are Holders registered at the close of business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or such Defaulted Interest, which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note Security and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest Defaulted Interest as provided in this Section; section provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, Thereupon the Company shall mail (or cause to fix a special record date for the payment of such Defaulted Interest which shall be mailed) to each Holdernot more than 15 days and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment, as and notify the Trustee thereof. The Trustee shall, in the name and at the expense of a recent date selected by the Company, with a copy cause notice of the proposed payment of such Defaulted Interest and the special record date therefor to the Trustee at least 20 be given to each Holder of Securities pursuant to Section 12.2, not less than 10 days prior to such special record date, a notice that states . Notice of the subsequent proposed payment of such defaulted interest and the special record datedate therefor having been so mailed, the Default such Defaulted Interest Payment Date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as the Persons in whose names the Securities are registered at the close of the regular business on such special record date for the Interest Payment Date for which interest has not been paiddate. Notwithstanding the foregoingAlternatively, the Company may elect to make payment of any defaulted interest Defaulted Interest on the Securities in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes such Securities may be listed, and upon any such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this section, such manner of payment shall be deemed practicable by the Trustee.

Appears in 2 contracts

Samples: Registration Rights Agreement (Citigroup Inc), Citigroup Inc

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it the Company shall pay the defaulted interest, interest (plus (interest on such defaulted interest at the rate borne by the Notes to the extent lawful) in any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Daylawful manner. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (a the Default Special Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; clause provided. Thereupon the Trustee shall fix a record date (the “Special Record Date”) for the payment of such defaulted interest, however, that in no event which date shall be not more than 15 days and not less than 10 days prior to the Special Interest Payment Date and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid of such Special Record Date, and in respect the name and at the expense of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy shall cause notice of the proposed payment of such defaulted interest and the Special Record Date and Special Interest Payment Date therefor to be given in the Trustee at least 20 manner provided for in Section 13.02, not less than 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, proposed payment of such defaulted interest and the Default Special Record Date and Special Interest Payment Date and the amount of defaulted interesttherefor having been so given, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of on the regular record date for the Special Interest Payment Date for which interest has not been paidto the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable. Notwithstanding the foregoing, the The Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.11, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Amc Entertainment Holdings, Inc.), Amc Entertainment Holdings, Inc.

Defaulted Interest. The Company Interest on any Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall pay be paid to the Person in whose name that Note is registered at the close of business on the Regular Record Date for such interest. Any interest on overdue principal from time to time any Note which is payable, but is not punctually paid or duly provided for, on demand any Interest Payment Date and interest on such defaulted interest at the applicable interest rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of lawful (such defaulted interest (without regard and interest thereon) herein collectively called "Defaulted Interest") shall forthwith cease to any applicable grace periods) from time be payable to time the Holder on demand at the rate relevant Regular Record Date by virtue of interest borne having been such Holder; and such Defaulted Interest shall be paid by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who in whose names the Notes are Holders registered at the close of business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Special Record Date for the payment of defaulted interest or such Defaulted Interest, which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify give the Trustee in writing at least 15 days' written notice (unless a shorter period is acceptable to the Trustee for its convenience) of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held by the Trustee in trust for the benefit of the Persons entitled to such defaulted interest Defaulted Interest as provided in this Section; subsection provided, however, that in no event . Thereupon the Trustee shall fix a Special Record Date for the payment of such Defaulted Interest which shall not be more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on such Special Record Date. In the name and at the expense of the Company, the Trustee shall cause notice of the proposed Default payment of such Defaulted Interest Payment Date. At least 15 days before and the subsequent special record date, the Company shall mail (or cause Special Record Date therefor to be mailed) , first-class postage prepaid, to each HolderHolder at his address as it appears in the Registrar, as of a recent date selected by the Company, with a copy to the Trustee at least 20 not less than 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, the Default proposed payment of such Defaulted Interest Payment Date and the amount of defaulted interestSpecial Record Date therefor having been so mailed, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) Defaulted Interest shall be paid to Holders as the Persons in whose names the Notes are registered at the close of business on such Special Record Date. Subject to the regular record date foregoing provisions of this Section, each Note delivered under this Indenture upon registration of transfer of or in exchange for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment or in lieu of any defaulted other Note shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedaccrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.

Appears in 2 contracts

Samples: Credit Agreement (Massic Tool Mold & Die Inc), Execution (Massic Tool Mold & Die Inc)

Defaulted Interest. The Company shall pay With respect to any Notes of any Series, any interest on overdue principal from time any such Notes which is payable but is not punctually paid or duly provided for, on any Interest Payment Date (herein called “Defaulted Interest”) shall forthwith cease to time be payable to the Holder on demand the relevant Regular Record Date by virtue of having been such Holder, and such Defaulted Interest may be paid by the Issuer, at its election in each case, as provided in the following sub-clause: The Issuer may elect to make payment of any Defaulted Interest to the relevant Noteholders of record at the rate close of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Special Record Date for the payment of defaulted interest or such Defaulted Interest, which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company Issuer shall notify the Trustee Fiscal and Paying Agent, Registrar and any other Paying Agents in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note relevant Series of Notes and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company Issuer shall deposit with the Trustee Paying Agents an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee Fiscal and Paying Agent for such deposit on or prior to the date of the proposed payment, such money when deposited in accordance with Clause 3 (Payments to be held in trust the Fiscal and Paying Agent). Thereupon the Issuer shall fix a Special Record Date for the benefit payment of such Defaulted Interest which shall be not more than fifteen (15) calendar days and not less than ten (10) calendar days prior to the date of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall proposed payment and not less than ten (10) calendar days after the Company deposit monies proposed to be paid in respect receipt by the Fiscal and Paying Agent of defaulted interest later than 11:00 a.m. New York City time on the notice of the proposed Default payment. The Issuer shall promptly notify the Fiscal and Paying Agent, Registrar and any other Paying Agents of such Special Record Date and shall cause notice of the proposed payment of such Defaulted Interest Payment Date. At least 15 days before and the subsequent special record date, the Company shall mail (or cause Special Record Date therefore to be mailed) , first-class postage prepaid, or, in the case of Global Notes, to be sent by electronic means in accordance with the rules and procedures of the relevant Clearing System, to each HolderNoteholder of such Series at its address as it appears in the Register, as of a recent date selected by the Company, with a copy to the Trustee at least 20 not less than ten (10) calendar days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, the Default proposed payment of such Defaulted Interest Payment Date and the amount of defaulted interestSpecial Record Date therefor having been so mailed, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) Defaulted Interest shall be paid to Holders as the Noteholders of record at the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment close of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange business on which the Notes may be listed, and upon such notice as may be required by such exchangeSpecial Record Date.

Appears in 2 contracts

Samples: Fiscal and Paying Agency Agreement, Fiscal and Paying Agency Agreement

Defaulted Interest. The Company Interest on any Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall pay be paid to the Person in whose name that Note is registered at the close of business on the Regular Record Date for such interest. Any interest on overdue principal from time to time any Note which is payable, but is not punctually paid or duly provided for, on demand any Interest Payment Date and interest on such defaulted interest at the applicable interest rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of lawful (such defaulted interest (without regard and interest thereon) herein collectively called “Defaulted Interest”) shall forthwith cease to any applicable grace periods) from time be payable to time the Holder on demand at the rate relevant Regular Record Date by virtue of interest borne having been such Holder; and such Defaulted Interest shall be paid by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who in whose names the Notes are Holders registered at the close of business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Special Record Date for the payment of defaulted interest or such Defaulted Interest, which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify give the Trustee in writing at least 15 days’ written notice (unless a shorter period is acceptable to the Trustee for its convenience) of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held by the Trustee in trust for the benefit of the Persons entitled to such defaulted interest Defaulted Interest as is provided in this Section; provided, however, that in no event Section 2.12. Thereupon the Trustee shall fix a Special Record Date for the payment of such Defaulted Interest which shall not be more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on such Special Record Date. In the name and at the expense of the Company, the Trustee shall cause notice of the proposed Default payment of such Defaulted Interest Payment Date. At least 15 days before and the subsequent special record date, the Company shall mail (or cause Special Record Date therefor to be mailed) , first-class postage prepaid (or transmitted electronically in accordance with applicable procedures of DTC), to each HolderHolder at his address as it appears in the Registrar, as of a recent date selected by the Company, with a copy to the Trustee at least 20 not less than 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, the Default proposed payment of such Defaulted Interest Payment Date and the amount of defaulted interestSpecial Record Date therefor having been so mailed, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) Defaulted Interest shall be paid to Holders as the Persons in whose names the Notes are registered at the close of business on such Special Record Date. Subject to the regular record date foregoing provisions of this Section 2.12, each Note delivered under this Indenture upon registration of transfer of or in exchange for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment or in lieu of any defaulted other Note shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedseemed and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.

Appears in 2 contracts

Samples: Playa Hotels & Resorts N.V., Playa Hotels & Resorts B.V.

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company Issuer defaults in a payment of interest on the NotesNotes (and such nonpayment continues beyond the applicable grace period set forth in Section 6.01(2) hereof), it shall pay the defaulted interestinterest in any lawful manner plus, plus (to the extent lawful) any , interest payable on the defaulted interest, in each case at the rate provided in the Notes and in Section 4.01 hereof. The Issuer may pay the defaulted interest to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company Issuer shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event Section 2.12. The Trustee shall the Company deposit monies proposed fix or cause to be paid in respect fixed any such special record date and payment date; provided that no such special record date shall be less than 10 days prior to the related payment date for such defaulted interest. The Trustee shall promptly notify the Issuer of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Dateany such special record date. At least 15 days before the subsequent any such special record date, the Company shall mail Issuer (or, upon the written request of the Issuer, the Trustee in the name and at the expense of the Issuer) will deliver or cause to be mailed) delivered to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record date, Holders a notice that states the subsequent special record date, the Default Interest Payment Date related payment date and the amount of defaulted interest, and such interest payable on such defaulted interest, if any, to be paid. Notwithstanding The Issuer undertakes to promptly inform the foregoing, Irish Stock Exchange (so long as the Notes are listed on the Official List of the Irish Stock Exchange and admitted for trading on the Irish Stock Exchange’s Global Exchange Market and the rules of the Irish Stock Exchange so require) of any interest which is paid prior such special record date. Subject to the expiration foregoing provisions of the 30-day period set forth this Section 2.12 and for greater certainty, each Note delivered under this Indenture upon registration of transfer of or in Section 6.1(1) shall be paid to Holders as of the regular record date exchange for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment or in lieu of any defaulted other Note shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedaccrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.

Appears in 2 contracts

Samples: Indenture (Quintiles IMS Holdings, Inc.), Indenture (Quintiles IMS Holdings, Inc.)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the NotesSecurities, it the Company shall pay the defaulted interest, interest (plus (interest on such defaulted interest at the rate borne by the Securities to the extent lawful) in any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Daylawful manner. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (a the Default Special Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; clause provided. Thereupon the Trustee shall fix a record date (the “Special Record Date”) for the payment of such defaulted interest, however, that in no event which date shall be not more than 15 days and not less than 10 days prior to the Special Interest Payment Date and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid of such Special Record Date, and in respect the name and at the expense of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy shall cause notice of the proposed payment of such defaulted interest and the Special Record Date and Special Interest Payment Date therefor to be given in the Trustee at least 20 manner provided for in Section 11.02, not less than 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, proposed payment of such defaulted interest and the Default Special Record Date and Special Interest Payment Date and the amount of defaulted interesttherefor having been so given, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of on the regular record date for the Special Interest Payment Date for which interest has not been paidto the Persons in whose names the Securities (or their respective predecessor Securities) are registered at the close of business on such Special Record Date and shall no longer be payable. Notwithstanding the foregoing, the The Company may make payment of any defaulted interest Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section, each Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Security.

Appears in 2 contracts

Samples: Indenture (Amc Entertainment Inc), Indenture (Amc Entertainment Inc)

Defaulted Interest. The If the Company defaults in a payment of interest on the Notes (including interest payable in the form of Additional PIK Notes), it shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shalldefaulted interest, plus (to the extent lawful) (i) any interest payable on the defaulted interest in cash and (ii) an additional amount equal to 2% per annum, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, months and, in the case of a partial month, the actual number of days elapsed. If , in cash (the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest"Default Rate"), to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.1(i) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 2 contracts

Samples: Indenture (Hawk Corp), Logan Metal Stampings Inc

Defaulted Interest. The Company Interest on any Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall pay be paid to the Person in whose name that Note is registered at the close of business on the Regular Record Date for such interest. Any interest on overdue principal from time to time any Note which is payable, but is not punctually paid or duly provided for, on demand any Interest Payment Date and interest on such defaulted interest at the applicable interest rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of lawful (such defaulted interest (without regard and interest thereon) herein collectively called "Defaulted Interest") shall forthwith cease to any applicable grace periods) from time be payable to time the Holder on demand at the rate relevant Regular Record Date by virtue of interest borne having been such Holder; and such Defaulted Interest shall be paid by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who in whose names the Notes are Holders registered at the close of business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Special Record Date for the payment of defaulted interest or such Defaulted Interest, which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify give the Trustee in writing at least 15 days' written notice (unless a shorter period is acceptable to the Trustee for its convenience) of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held by the Trustee in trust for the benefit of the Persons entitled to such defaulted interest Defaulted Interest as provided in this Section; subsection provided, however, that in no event . Thereupon the Trustee shall fix a Special Record Date for the payment of such Defaulted Interest which shall not be more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on such Special Record Date. In the name and at the expense of the Company, the Trustee shall cause notice of the proposed Default payment of such Defaulted Interest Payment Date. At least 15 days before and the subsequent special record date, the Company shall mail (or cause Special Record Date therefor to be mailed) , first-class postage prepaid, to each HolderHolder at his address as it appears in the Registrar, as of a recent date selected by the Company, with a copy to the Trustee at least 20 not less than 10 days prior to such special record dateSpecial Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor having been so mailed, a notice that states the subsequent special record date, the such Default Interest Payment Date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as the Persons in whose names the Notes are registered at the close of business on such Special Record Date. Subject to the regular record date foregoing provisions of this Section, each Note delivered under this Indenture upon registration of transfer of or in exchange for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment or in lieu of any defaulted other Note shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedaccrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.

Appears in 2 contracts

Samples: KSL Recreation Group Inc, Houston Exploration Co

Defaulted Interest. Any installment of interest that is payable, but is not punctually paid or duly provided for on any Interest Payment Date (“Defaulted Interest”) shall forthwith cease to be payable to the Holders in whose names the Securities were registered on the Record Date applicable to such installment of interest. The Company shall pay make payment of any Defaulted Interest (including any interest on overdue principal from time such Defaulted Interest) to time on demand the Holders in whose names the Securities are registered at the rate close of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or such Defaulted Interest (a “Special Record Date”), which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons Holders entitled to such defaulted interest Defaulted Interest as provided in this Section; providedSection 11.03. Thereupon the Trustee shall fix a Special Record Date for the payment of such Defaulted Interest, however, that in no event which shall be not more than 15 calendar days and not less than ten calendar days prior to the date of the proposed payment and not less than ten calendar days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid of such Special Record Date and, in respect the name and at the expense of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be sent, first-class mail, postage prepaid, to each Holder at such Holder’s address as it appears in the Trustee at least 20 registration books of the Registrar, not less than ten calendar days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, the Default proposed payment of such Defaulted Interest Payment Date and the amount of defaulted interestSpecial Record Date therefor having been mailed as aforesaid, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) Defaulted Interest shall be paid to the Holders as in whose names the Securities are registered at the close of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange business on which the Notes may be listed, and upon such notice as may be required by such exchangeSpecial Record Date.

Appears in 2 contracts

Samples: Indenture (American Realty Capital Properties, Inc.), Indenture (CapLease, Inc.)

Defaulted Interest. The Company shall pay Any interest on overdue principal from time any Note that is payable, but is not punctually paid or duly provided for, on the dates and in the manner provided in the Notes and this Indenture (all such interest herein called “Defaulted Interest”) shall forthwith cease to time be payable to the Holder on demand at the rate relevant Record Date by virtue of interest borne having been such Holder, and such Defaulted Interest may be paid by the Notes. Issuers, at its election in each case, as provided in clause (a) or (b) of this Section 2.12: The Company shall, Issuers may elect to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a make payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, Defaulted Interest to the Persons who in whose names the Notes are Holders registered at the close of business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or such Defaulted Interest, which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company Issuers shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall Issuers may deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest; or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest Defaulted Interest as provided in this Section; providedclause. In addition, howeverthe Issuers shall fix a special record date for the payment of such Defaulted Interest, that in no event shall the Company deposit monies proposed such date to be paid in respect of defaulted interest later not more than 11:00 a.m. New York City time on 15 days and not less than 10 days prior to the proposed Default Interest Payment Date. At least payment date and not less than 15 days before after the subsequent receipt by the Trustee of the notice of the proposed payment date. The Issuers shall promptly but, in any event, not less than 15 days prior to the special record date, notify the Company Trustee of such special record date and, in the name and at the expense of the Issuers, the Trustee shall mail (or cause notice of the proposed payment date of such Defaulted Interest and the special record date therefor to be mailed) mailed first-class, postage prepaid to each Holder as such Holder’s address appears in the Security Register, as of a recent date selected by the Company, with a copy to the Trustee at least 20 not less than 10 days prior to such special record date, a notice that states . Notice of the subsequent proposed payment date of such Defaulted Interest and the special record datedate therefor having been so mailed, the Default such Defaulted Interest Payment Date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as the Persons in whose names the Notes are registered at the close of the regular business on such special record date for the Interest Payment Date for which interest has not been paidand shall no longer be payable pursuant to Section 2.12(b). Notwithstanding the foregoing, the Company The Issuers may make payment of any defaulted interest Defaulted Interest on the Notes in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Issuers to the Trustee of the proposed payment date pursuant to this clause, such manner of payment shall be deemed reasonably practicable. Subject to the foregoing provisions of this Section 2.12, each Note delivered under this Indenture upon registration of transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Ardagh Group S.A.), Indenture (Ardagh Group S.A.)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company Issuer defaults in on a payment of interest on a series of Securities on any Interest Payment Date, the Notes, it Issuer shall pay the defaulted interest, interest then borne by such series of Securities plus (to the extent lawfulpermitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders thereof on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. If such default continues for thirty (30) days, the Issuer shall fix such special record date shall be the fifteenth day next preceding the and payment date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not in a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements manner satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment DateTrustee. At least 15 ten (10) days before the subsequent such special record date, the Company Issuer (or upon the written request of the Issuer, the Trustee, in the name and at the expense of the Issuer) shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record date, affected Holder a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the applicable series of Securities may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee. If the Issuer elects for the Trustee to send such notice to the Holders then the Issuer shall provide such notice to the Trustee at least ten (10) days (or such shorter time as may be agreed by the Trustee in its discretion) before such notice is required to be mailed to the Holders of the applicable series of Securities. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(1) shall be paid to Holders of such series of Securities as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 2 contracts

Samples: Supplemental Indenture (Keystone Automotive Operations Inc), Supplemental Indenture (Keystone Automotive Operations Inc)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it the Company shall pay the defaulted interest, interest (plus (interest on such defaulted interest at the rate borne by the Notes to the extent lawful) in any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Daylawful manner. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note Notes and the date (not less than 30 days after such notice) of the proposed payment (a the Default Special Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; clause provided. Thereupon the Trustee shall fix a record date (the “Special Record Date”) for the payment of such defaulted interest, however, that in no event which date shall be not more than 15 days and not less than 10 days prior to the Special Interest Payment Date and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid of such Special Record Date, and in respect the name and at the expense of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy shall cause notice of the proposed payment of such defaulted interest and the Special Record Date and Special Interest Payment Date therefor to be given in the Trustee at least 20 manner provided for in Section 13.02, not less than 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, proposed payment of such defaulted interest and the Default Special Record Date and Special Interest Payment Date and the amount of defaulted interesttherefor having been so given, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of on the regular record date for the Special Interest Payment Date for which interest has not been paidto the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable. Notwithstanding the foregoing, the The Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shallprincipal, to the extent lawfuloverdue premium, pay interest if any, and on overdue installments of interest (without regard to any applicable grace periods) ), to the extent lawful, from time to time on demand at the rate of interest borne by the NotesNotes plus 2%. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interestamounts, plus (to the extent lawful) any interest payable on the defaulted interestamounts (collectively, "Default Interest"), to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest Default Interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest Default Interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Default Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest Default Interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest Default Interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, Default Interest to be paid. Notwithstanding the foregoing, any interest Default Interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the -35- foregoing, the Company may make payment of any defaulted interest Default Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Vista Eyecare Inc

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 3010-day period set forth in Section 6.1(16.01(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.. ARTICLE THREE

Appears in 1 contract

Samples: Article Twelve (Discovery Zone Inc)

Defaulted Interest. The Company Interest and Liquidated Damages, if any, on any Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall pay be paid to the Person in whose name that Note is registered at the close of business on the Regular Record Date for such interest. Any interest and Liquidated Damages, if any, on any Note which is payable, but is not punctually paid or duly provided for, on any Interest Payment Date and interest on overdue principal from time to time on demand such defaulted interest and Liquidated Damages, if any, at the applicable interest rate of interest borne by the Notes. The Company shall, to the extent lawfullawful (such defaulted interest and Liquidated Damages, pay if any (and interest thereon) herein collectively called "DEFAULTED INTEREST") shall forthwith cease to be payable to the Holder on overdue installments the relevant Regular Record Date by virtue of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne having been such Holder; and such Defaulted Interest shall be paid by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who in whose names the Notes are Holders registered at the close of business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Special Record Date for the payment of defaulted interest or such Defaulted Interest, which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify give the Trustee in writing at least 15 days' written notice (unless a shorter period is acceptable to the Trustee for its convenience) of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held by the Trustee in trust for the benefit of the Persons entitled to such defaulted interest Defaulted Interest as provided in this Section; subsection provided, however, that in no event . Thereupon the Trustee shall fix a Special Record Date for the Company deposit monies proposed to payment of such Defaulted Interest which shall not be paid in respect of defaulted interest later more than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 and not less than 10 days prior to such special record date, a notice that states the subsequent special record date, the Default Interest Payment Date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration date of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as proposed payment and not less than 10 days after the receipt by the Trustee of the regular record date for notice of the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.proposed

Appears in 1 contract

Samples: Indenture (Houston Exploration Co)

Defaulted Interest. If the Issuer shall default in the payment of any installment of interest, or the principal of or premium, if any, on any Senior Notes, when the same becomes due and payable, at maturity, upon redemption, by acceleration or otherwise (including the failure to make a payment to purchase Senior Notes tendered pursuant to a Change of Control Offer or an Excess Cash Offer), then interest on the Senior Notes and all amounts then due thereunder shall accrue interest at the rate of 18% per annum (the "Default Rate") until the Senior Notes are paid in full or the Default in payment is cured. The Company Issuer shall pay interest on all such overdue principal from time to time on demand at the rate amounts (including installments of interest borne by the Notes. The Company shallinterest, to the extent lawful, pay interest ) on overdue installments of interest (demand without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company Issuer defaults in a payment of interest on the Senior Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Issuer for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company Issuer shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Senior Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company Issuer deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company Issuer shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the CompanyIssuer, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(a) shall be paid to those Holders who are the Holders as of the regular record date Record Date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Senior Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Indenture (Southwest Royalties Inc)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in fails to make a payment of interest on the Notesany series of Securities, it shall pay the such defaulted interest, interest plus (to the extent lawful) any interest payable on the defaulted interest, in any lawful manner. It may elect to pay such defaulted interest, plus any such interest payable on it, to the Persons who are Holders of such Securities on which the interest is due on a subsequent special record date, which special record date shall be fixed in the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note Security of such series and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee an amount of money in the currency or currency unit in which the Securities of such series are payable, equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Dateinterest. At least 15 days before the subsequent special record date, Thereupon the Company shall mail (or fix a special record date for the payment of such defaulted interest which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment. The Company shall cause notice of the proposed payment of such defaulted interest and the special record date therefor to be mailed) , first-class postage prepaid, to each HolderHolder of Securities of such series at the address as it appears in the register of Securities referred to in Section 2.03, as of a recent date selected by the Company, with a copy to the Trustee at least 20 not less than 10 days prior to such special record date, a notice that states . Notice of the subsequent proposed payment of such defaulted interest and the special record datedate therefor having been so mailed, the Default Interest Payment Date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as the Persons in whose names the Securities of such series are registered at the regular close of business on such special record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchangedate.

Appears in 1 contract

Samples: NHW Auburn LLC

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it the Company shall pay the defaulted interest, interest (plus (interest on such defaulted interest at the rate borne by the Notes to the extent lawful) in any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Daylawful manner. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (a the Default Special Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; clause provided. Thereupon the Trustee shall fix a record date (the “Special Record Date”) for the payment of such defaulted interest, however, that in no event which date shall be not more than 15 days and not less than 10 days prior to the Special Interest Payment Date and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid of such Special Record Date, and in respect the name and at the expense of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy shall cause notice of the proposed payment of such defaulted interest and the Special Record Date and Special Interest Payment Date therefor to be given in the Trustee at least 20 manner provided for in Section 14.02, not less than 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, proposed payment of such defaulted interest and the Default Special Record Date and Special Interest Payment Date and the amount of defaulted interesttherefor having been so given, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of on the regular record date for the Special Interest Payment Date for which interest has not been paidto the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable. Notwithstanding the foregoing, the The Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.11, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 1 contract

Samples: Indenture (Amc Entertainment Holdings, Inc.)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the NotesSecurities, it the Company shall pay the defaulted interest, interest (plus (interest on such defaulted interest at the rate borne by the Securities to the extent lawful) in any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Daylawful manner. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (a the “Default Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; clause provided, however, that in no event . Thereupon the Trustee shall fix a record date (the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Record Date. At least ”) for the payment of such defaulted interest, which date shall be not more than 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 and not less than 10 days prior to such special record date, a notice that states the subsequent special record date, the Default Interest Payment Date and not less than 10 days after the amount receipt by the Trustee of defaulted interestthe notice of the proposed payment. The Trustee shall promptly notify the Company of such Default Interest Record Date, and interest payable on in the name and at the expense of the Company, shall cause notice of the proposed payment of such defaulted interest, if any, interest and the Default Interest Record Date and Default Interest Payment Date therefor to be paid. Notwithstanding given to Holders in the foregoingmanner provided for in Section 12.02, any interest which is paid not less than 10 days prior to the expiration such Default Interest Record Date. Notice of the 30-day period set forth in Section 6.1(1) proposed payment of such defaulted interest and the Default Interest Record Date and Default Interest Payment Date therefor having been so given, such defaulted interest shall be paid to Holders as of on the regular record date for the Default Interest Payment Date for which interest has not been paidto the Persons in whose names the Securities (or their respective predecessor Securities) are registered at the close of business on such Default Interest Record Date and shall no longer be payable. Notwithstanding the foregoing, the The Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section, each Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Security.

Appears in 1 contract

Samples: Intercreditor Agreement (National CineMedia, LLC)

Defaulted Interest. When any installment of interest becomes Defaulted Interest, such installment shall forthwith cease to be payable to the Holders in whose names the Notes were registered on the Record Date applicable to such installment of interest. Defaulted Interest (including any interest on such Defaulted Interest) may be paid by the Company, at its election, as provided in Section 2.13(a) or Section 2.13(b). (a) The Company shall pay may elect to make payment of any Defaulted Interest (including any interest on overdue principal from time such Defaulted Interest) to time on demand the Holders in whose names the Notes are registered at the rate close of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or such Defaulted Interest (a “Special Record Date”), which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons Holders entitled to such defaulted interest Defaulted Interest as provided in this Section; providedSection 2.13(a). Thereupon the Trustee shall fix a Special Record Date for the payment of such Defaulted Interest, however, that in no event which shall be not more than 15 calendar days and not less than ten calendar days prior to the date of the proposed payment and not less than ten calendar days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid of such Special Record Date and, in respect the name and at the expense of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be given to each Holder in accordance with a copy to the Trustee at least 20 Section 10.1, not less than ten calendar days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, the Default proposed payment of such Defaulted Interest Payment Date and the amount of defaulted interestSpecial Record Date therefor having been given as aforesaid, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) Defaulted Interest shall be paid to the Holders as in whose names the Notes are registered at the close of the regular record date for the Interest Payment business on such Special Record Date for which interest has not been paidand shall no longer be payable pursuant to Section 2.13(b). Notwithstanding the foregoing(b) Alternatively, the Company may make payment of any defaulted Defaulted Interest (including any interest on such Defaulted Interest) in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange., if, after notice given by the Company to the Trustee of the proposed payment pursuant to this Section 2.13(b) such manner of payment shall be deemed practicable by the Trustee. Section 2.14

Appears in 1 contract

Samples: Andina Bottling Co Inc

Defaulted Interest. The Company shall will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are (i) Holders on a subsequent special record date, if it so elects, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding 51 - 43 - Business Day if such date is not a Business Day, or (ii) if the Company does not elect a special record date, Holders on the next Record Date, which payment shall be made on the next regular Interest Payment Date. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 10:30 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(i) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Kci New Technologies Inc

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record date, a notice that states the subsequent special record date, the Default Interest Payment Date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Indenture (Lennar Corp /New/)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest or any Additional Amounts on any series of Registered Securities, and so long as the NotesTrustee deems the following procedure practicable, it the Company shall pay the defaulted interest, plus (interest and any Additional Amounts to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders of Registered Securities of such series on a subsequent special record date, which date in the following manner. The Company shall fix the special record date (which shall be at least five days before the fifteenth day next preceding the date fixed by the Company payment date) for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to and any Additional Amounts on such Securities and the Trustee payment date for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Dateinterest. At least 15 days before the subsequent special record date, the Company (or the Trustee) shall mail (or cause to be mailed) to each Holder, as Holder of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record date, Registered Securities a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interestinterest and any Additional Amounts to be paid, provided the Company has made arrangements satisfactory to the Trustee for payment of the aggregate amount to be paid on such payment date. On such payment date the Trustee shall pay out of funds provided by the Company such defaulted interest and any Additional Amounts. In case a Bearer Security of any series is surrendered at the office or agency of the Company maintained pursuant to Section 4.2 in a Place of Payment for such series in exchange for a Registered Security of such series after the close of business at such office or agency on any special record date and before the opening of business at such office or agency on the related proposed date for payment of defaulted interest and any Additional Amounts, such Bearer Security shall be surrendered without the coupon relating to such proposed date of payment and defaulted interest and any Additional Amounts will not be payable on such defaulted interestproposed date of payment in respect of the Registered Security issued in exchange for such Bearer Security, if any, to but will be paid. Notwithstanding the foregoing, any interest which is paid prior payable only to the expiration Holder of such coupon on or after such payment date in accordance with the 30-day period set forth in Section 6.1(1) shall be paid to Holders as provisions of the regular record date for the Interest Payment Date for which interest has not been paidthis Indenture. Notwithstanding the foregoing, the The Company may make payment of any pay defaulted interest and any Additional Amounts in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchangemanner.

Appears in 1 contract

Samples: Kellwood Co

Defaulted Interest. The Company shall will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are (1) Holders on a subsequent special record date, if it so elects, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day, or (2) if the Company does not elect a special record date, Holders on the next Record Date, which payment shall be made on the next regular Interest Payment Date. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 10:30 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Indenture (Kinetic Concepts Inc /Tx/)

Defaulted Interest. The Company shall will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it they shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Indenture (Magnum Hunter Resources Inc)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in fails to make a payment of interest on the NotesSecurities, it shall pay the defaulted such interest, plus (to the extent lawful) any interest payable on the defaulted interestinterest (to the extent permitted by law), to the Persons persons who are Holders on a subsequent special record datedate (the "Special Record Date"), which special record date shall be fixed in the fifteenth day next preceding following manner: the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note Security and the date of the proposed payment (a “Default Interest Payment Date”which shall be at least 40 days from the date of such notice), and at the same time the Company shall deposit with the Trustee an amount of money cash equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money cash when deposited to be held in trust for the benefit of the Persons persons entitled to such defaulted interest Defaulted Interest as provided in this Section; clause provided, however, that in no event . Thereupon the Trustee shall fix a Special Record Date for the payment of such Defaulted Interest which shall be not more than 15 or less than 10 days prior to the date of the proposed payment and not less than 15 days after the receipt of the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid of such Special Record Date and, in respect the name and at the expense of defaulted interest later than 11:00 a.m. New York City time on the Company, shall cause notice of the proposed Default payment of such Defaulted Interest Payment Date. At least 15 days before and the subsequent special record date, the Company shall mail (or cause Special Record Date therefor to be mailed) , first-class postage prepaid, to each HolderHolder at his address as it appears in the register, as of a recent date selected by the Company, with a copy to the Trustee at least 20 not less than 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, the Default proposed payment of such Defaulted Interest Payment Date and the amount Special Record Date therefor having been mailed as aforesaid, such Defaulted Interest shall be paid to the persons in whose names the Securities are registered as of defaulted interest, and interest payable the close of business on such defaulted interest, if any, to be paidSpecial Record Date. Notwithstanding the foregoing, any interest which is paid prior to no such payment of Defaulted Interest shall affect the expiration status of the 30-day period set forth in failure to pay interest when due as an Event of Default under Section 6.1(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange6.01.

Appears in 1 contract

Samples: Execution (Lear Corp /De/)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the NotesSecurities, it the Company shall pay the defaulted interest, interest (plus (interest on such defaulted interest at the rate borne by the Securities to the extent lawful) in any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Daylawful manner. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (a the Default Special Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; clause provided. Thereupon the Trustee shall fix a record date (the “Special Record Date”) for the payment of such defaulted interest, however, that in no event which date shall be not more than 15 days and not less than 10 days prior to the Special Interest Payment Date and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid of such Special Record Date, and in respect the name and at the expense of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy shall cause notice of the proposed payment of such defaulted interest and the Special Record Date and Special Interest Payment Date therefor to be given in the Trustee at least 20 manner provided for in Section 11.02, not less than 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, proposed payment of such defaulted interest and the Default Special Record Date and Special Interest Payment Date and the amount of defaulted interesttherefor having been so given, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of on the regular record date for the Special Interest Payment Date for which interest has not been paidto the Persons in whose names the Securities (or their respective predecessor Securities) are registered at the close of business on such Special Record Date and shall no longer be payable. Notwithstanding the foregoing, the The Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section, each Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Security.

Appears in 1 contract

Samples: Indenture (Amc Entertainment Inc)

Defaulted Interest. The Company shall pay Any interest on overdue principal from time to time any Security which is payable, but is not punctually paid or duly provided for, on demand at the rate of interest borne by the Notes. The Company shallany Interest Payment Date plus, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interestinterest (herein called "Defaulted Interest") shall forthwith cease to be payable to the registered Holder on the relevant Record Date, and such Defaulted Interest may be paid by the Company, at its election in each case, as provided in clause (1) or (2) below: (1) The Company may elect to make payment of any Defaulted Interest to the Persons who in whose names the Securities are Holders registered at the close of business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Special Record Date for the payment of defaulted interest or such Defaulted Interest, which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify the Trustee and the Paying Agent in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note Security and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee Paying Agent an amount of money Cash equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee Paying Agent for such deposit on or prior to the date of the proposed payment, such money Cash when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest Defaulted Interest as provided in this Section; provided, however, that in no event clause (1). Thereupon the Paying Agent shall fix a Special Record Date for the payment of such Defaulted Interest which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Paying Agent of the notice of the proposed payment. The Paying Agent shall promptly notify the Company deposit monies proposed to be paid and the Trustee of such Special Record Date and, in respect the name and at the expense of defaulted interest later than 11:00 a.m. New York City time on the Company, shall cause notice of the proposed Default payment of such Defaulted Interest Payment Date. At least 15 days before and the subsequent special record date, the Company shall mail (or cause Special Record Date therefor to be mailed) , first-class postage prepaid, to each Holder, Holder at his address as of a recent date selected by it appears in the Company, with a copy to the Trustee at least 20 Security Register not less than 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, the Default proposed payment of such Defaulted Interest Payment Date and the amount of defaulted interestSpecial Record Date therefor having been mailed as aforesaid, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) Defaulted Interest shall be paid to Holders as of the regular record date for Persons in whose names the Interest Payment Securities are registered on such Special Record Date for which interest has not been paidand shall no longer be payable pursuant to the following clause (2). Notwithstanding the foregoing, the (2) The Company may make payment of any defaulted interest Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange., if, after notice given by the Company to the Trustee and the Paying Agent of the proposed payment pursuant to this clause, such manner shall be deemed practicable by the Trustee and the Paying Agent. Subject to the foregoing provisions of this Section 2.12, each Security delivered under this Indenture upon registration of transfer of or in exchange for or in lieu of any other Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Security. In the case of any Security which is converted after any Regular Record Date and on or prior to the next succeeding Interest Payment Date (other than any Security whose Maturity is prior to such Interest Payment Date), interest whose Stated Maturity is on such Interest Payment Date shall be payable on such Interest Payment Date notwithstanding such conversion, and such interest (whether or not punctually paid or duly provided for) shall be paid to the Person in whose name that Security (or one or more Predecessor Securities) is registered at the close of business on such Regular Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Security which is converted, interest whose Stated Maturity is after the date of conversion of such Security shall not be payable. 13

Appears in 1 contract

Samples: Laboratory Corp of America Holdings

Defaulted Interest. The Company shall will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, interest to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; providedPROVIDED, howeverHOWEVER, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Indenture (Perry-Judds Inc)

Defaulted Interest. The Company shall pay interest on overdue installments of principal and interest (without regard to any applicable grace periods), to the extent lawful, from time to time on demand at the rate of interest then borne by the NotesNotes plus 2%; PROVIDED, that interest and principal payments paid into an escrow account held for the benefit of Persons entitled to receive distributions of Notes under Section 9.04 of the Plan shall not be deemed overdue and shall not accrue Default Interest. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of principal and interest on the Notes, it shall pay the defaulted interestamounts, plus (to the extent lawful) any interest payable on the defaulted interestamounts (collectively, "Default Interest"), to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest Default Interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest Default Interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Default Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest Default Interest as provided in this Section; providedPROVIDED, howeverHOWEVER, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest Default Interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, Default Interest to be paid. Notwithstanding the foregoing, any interest Default Interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest Default Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Indenture (Roadhouse Grill Inc)

Defaulted Interest. The Company shall Issuer will pay interest on overdue principal from time to time on demand at a rate of two percentage points per annum in excess of the rate of interest then borne by the Notes. The Company Issuer shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at a rate of two percentage points per annum in excess of the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company Issuer defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Issuer for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company Issuer shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company Issuer deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company Issuer shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the CompanyIssuer, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, (a) any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding , and (b) the foregoing, the Company Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Indenture (GMX Resources Inc)

Defaulted Interest. The Company LNR shall pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company LNR shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company LNR defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company LNR for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company LNR shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”"DEFAULT INTEREST PAYMENT DATE"), and at the same time the Company LNR shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; providedPROVIDED, howeverHOWEVER, that in no event shall the Company LNR deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company LNR shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the CompanyLNR, with a copy to the Trustee at least 20 days prior to such special record date, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1SECTION 6.1(I) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company LNR may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: LNR Property Corp

Defaulted Interest. The Company Interest on any Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall pay be paid to the Person in whose name that Note is registered at the close of business on the Regular Record Date for such interest. Any interest on overdue principal from time to time any Note which is payable, but is not punctually paid or duly provided for, on demand any Interest Payment Date and interest on such defaulted interest at the applicable interest rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of lawful (such defaulted interest (without regard and interest thereon) herein collectively called "Defaulted Interest") shall forthwith cease to any applicable grace periods) from time be payable to time the Holder on demand at the rate relevant Regular Record Date by virtue of interest borne having been such Holder; and such Defaulted Interest shall be paid by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who in whose names the Notes are Holders registered at the close of business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Special Record Date for the payment of defaulted interest or such Defaulted Interest, which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify give the Trustee in writing at least 15 days' written notice (unless a shorter period is acceptable to the Trustee for its convenience) of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held by the Trustee in trust for the benefit of the Persons entitled to such defaulted interest Defaulted Interest as is provided in this Section; provided, however, that in no event Section 2.12. Thereupon the Trustee shall fix a Special Record Date for the payment of such Defaulted Interest which shall not be more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on such Special Record Date. In the name and at the expense of the Company, the Trustee shall cause notice of the proposed Default payment of such Defaulted Interest Payment Date. At least 15 days before and the subsequent special record date, the Company shall mail (or cause Special Record Date therefor to be mailed) to each Holder, as of a recent date selected by the Company, with a copy first-class Subject to the Trustee at least 20 days prior foregoing provisions of this Section 2.12, each Note delivered under this Indenture upon registration of transfer of or in exchange for or in lieu of any other Note shall carry the rights to such special record date, a notice that states the subsequent special record date, the Default Interest Payment Date interest accrued and the amount of defaulted interestunpaid, and interest payable on such defaulted interestto accrue, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required were carried by such exchangeother Note.

Appears in 1 contract

Samples: Baker J Inc

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company Issuer defaults in a payment of interest on the Notes, it the Issuer shall pay the defaulted interest, interest (plus (interest on such defaulted interest at the rate borne by the Notes to the extent lawful) in any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Daylawful manner. The Company Issuer shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note Notes and the date (not less than 30 days after such notice) of the proposed payment (a the Default Special Interest Payment Date”), and at the same time the Company Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; clause provided. Thereupon the Trustee shall fix a record date (the “Special Record Date”) for the payment of such defaulted interest, howeverwhich date shall be not more than 15 days and not less than 10 days prior to the Special Interest Payment Date and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Issuer of such Special Record Date, that and in no event the name and at the expense of the Issuer, shall cause notice of the Company deposit monies proposed payment of such defaulted interest and the Special Record Date and Special Interest Payment Date therefor to be paid given in respect of defaulted interest later the manner provided for in Section 13.02, not less than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, proposed payment of such defaulted interest and the Default Special Record Date and Special Interest Payment Date and the amount of defaulted interesttherefor having been so given, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of on the regular record date for the Special Interest Payment Date for which interest has not been paidto the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable. Notwithstanding the foregoing, the Company The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Issuer to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 1 contract

Samples: Intercreditor Agreement (Amc Entertainment Holdings, Inc.)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company eircom Funding defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on thereof. If such default in payment of interest continues for 30 days, eircom Funding shall (in the case of Definitive Notes) establish a subsequent special record dateRecord Date, which special record date shall be the fifteenth day next preceding the date fixed by the Company eircom Funding for the payment of defaulted interest. If no special Record Date is required to be established pursuant to the immediately preceding sentence, (i) in the case of Definitive Notes, Holders of record on the original Record Date shall be entitled to such payment of defaulted interest or and any such interest payable on the defaulted interest and (ii) in the case of Global Notes, Holders on the Default Interest Payment Date (as defined in the next succeeding Business Day if sentence) shall be entitled to such date is not a Business Daypayment of defaulted interest and any such interest payable on the defaulted interest. The Company eircom Funding shall notify the Trustee and Paying Agent in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company eircom Funding shall deposit with the Trustee or Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements reasonably satisfactory to the Trustee or Paying Agent for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this SectionSection 2.13; provided, however, that in no event shall the Company eircom Funding deposit monies proposed to be paid in respect of defaulted interest later than 11:00 10:00 a.m. London time (in relation to Euro Notes) or 10:00 a.m. New York City time (in relation to Dollar Notes) on the proposed Default Interest Payment DateDate with respect to defaulted interest to be paid on the Note. At In the case of Definitive Notes, at least 15 days before the subsequent special record dateRecord Date, the Company if applicable, eircom Funding shall mail publish in a leading newspaper having a general circulation in New York (or cause which is expected to be mailedThe Wall Street Journal) and (if and so long as the Notes are listed on the Luxembourg Stock Exchange and/or the Irish Stock Exchange and the rules of such Stock Exchange shall so require) a leading newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort) and/or Dublin (which is expected to be the Irish Times), as the case may be, and, in addition to such publication, mail by first-class mail to each Holder, as of a recent date selected by the Company’s registered address, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record dateRecord Date, the Default Interest Payment Date payment date and the amount of defaulted interest. In the case of Global Notes, at least 15 days before the Default Interest Payment Date, eircom Funding shall publish in a leading newspaper having a general circulation in New York (which is expected to be The Wall Street Journal) and (if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such stock exchange shall so require) a leading newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort) and (if and so long as the Notes are listed on the Irish Stock Exchange and the rules of such stock exchange shall so require) a leading newspaper having a general circulation in Dublin (which is expected to be the Irish Times), with a copy to the Trustee, a notice that states the Default Interest Payment Date, the payment date and the amount of defaulted interest payable on such defaulted interest, if any, to be paid. Notwithstanding In addition (if and so long as the foregoing, any interest which is paid prior Notes are listed on the Irish Stock Exchange and the rules of such stock exchange shall so require) copies of all notices transmitted to Holders shall be delivered to the expiration Companies Announcement Office of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchangeIrish Stock Exchange.

Appears in 1 contract

Samples: Eircom Funding (Valentia Telecommunications)

Defaulted Interest. The Company shall Issuer will pay interest on overdue principal from time to time on demand at the a rate of interest borne by the Notesfifteen (15.000%) percent per annum. The Company Issuer shall, to the extent lawful, pay interest on any overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the a rate of interest borne by the Notesfifteen (15.000%) percent per annum. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company Issuer defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Issuer for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company Issuer shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company Issuer deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on or 10:00 a.m. Houston, Texas time, of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company Issuer shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the CompanyIssuer, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, interest to be paid. Notwithstanding the foregoing, (a) any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding , and (b) the foregoing, the Company Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Indenture (GMX Resources Inc)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on Holder thereof. If such default in payment of interest continues for 30 days, the Company shall (in the case of Definitive Notes) establish a subsequent special record dateRecord Date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest. If no special Record Date is required to be established pursuant to the immediately preceding sentence, (i) in the case of Definitive Notes, Holders of record on the original Record Date shall be entitled to such payment of defaulted interest or and any such interest payable on the defaulted interest and (ii) in the case of Global Notes, Holders on the Default Interest Payment Date (as defined in the next succeeding Business Day if sentence) shall be entitled to such date is not a Business Daydefaulted interest and any such interest payable on the defaulted interest. The Company shall notify the Trustee and Paying Agent in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”"DEFAULT INTEREST PAYMENT DATE"), and at the same time the Company shall deposit with the Trustee or Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee or Paying Agent for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the 44 Persons entitled to such defaulted interest as provided in this SectionSection 2.13; providedPROVIDED, howeverHOWEVER, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 10:00 a.m. New York City time on the Business Day immediately preceding the proposed Default Interest Payment DateDate with respect to defaulted interest to be paid on the Note. At In the case of Definitive Notes, at least 15 days before the subsequent special record dateRecord Date, if applicable, the Company shall mail publish in a leading newspaper having a general circulation in New York (or cause which is expected to be mailedTHE WALL STREET JOURNAL) and (if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such stock exchange shall so require) a leading newspaper having a general circulation in Luxembourg (which is expected to be the LUXEMBURGER WORT) and, in addition to such publication, mail by first-class mail to each Holder, as of a recent date selected by the Company's registered address, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record dateRecord Date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding In the foregoingcase of Global Notes, any interest which is paid prior to at least 15 days before the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Default Interest Payment Date for which interest has not been paid. Notwithstanding the foregoingDate, the Company may make payment of any defaulted interest shall publish in any other lawful manner not inconsistent with the requirements of any securities exchange on a leading newspaper having a general circulation in New York (which is expected to be THE WALL STREET JOURNAL) and (if and so long as the Notes may are listed on the Luxembourg Stock Exchange and the rules of such stock exchange shall so require) in a leading newspaper having a general circulation in Luxembourg (which is expected to be listedthe LUXEMBURGER WORT), with a copy to the Trustee, a notice that states the Default Interest Payment Date, the payment date and the amount of defaulted interest, and upon interest payable on such notice as may defaulted interest, if any, to be required by such exchangepaid.

Appears in 1 contract

Samples: Dollar Indenture (MDCP Acquisitions I)

Defaulted Interest. The Company shall will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are (i) Holders on a subsequent special record date, if it so elects, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day, or (ii) if the Company does not elect a special record date, Holders on the next Record Date, which payment shall be made on the next regular Interest Payment Date. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 10:30 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(i) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Philipp Brothers Chemicals Inc

Defaulted Interest. The Company shall Issuer will pay interest on overdue principal from time to time on demand at the rate of interest borne by of 16.5% per annum, unless the NotesRegistration Rights Agreement provides for a higher rate of interest. The Company Issuer shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by of 16.5% per annum, unless the NotesRegistration Rights Agreement provides for a higher rate of interest. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company Issuer defaults in a payment of interest on the Notes, it the Issuer shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Issuer for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company Issuer shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”"DEFAULT INTEREST PAYMENT DATE"), and at the same time the Company Issuer shall deposit with the Trustee an amount of money money, or (if cash payment of interest is prohibited by the terms of the Senior Credit Agreement or the Intercreditor Agreement) PIK Notes in an amount, equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money or PIK Notes when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; providedPROVIDED, howeverHOWEVER, that in no event shall the Company Issuer deposit monies or PIK Notes proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company Issuer shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the CompanyIssuer, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Indenture (Abraxas Petroleum Corp)

Defaulted Interest. The Company shall Issuer will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company Issuer shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company Issuer defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Issuer for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company Issuer shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements reasonably satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company Issuer deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company Issuer shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the CompanyIssuer, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Mobile Field Office Co

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Tranche A Notes or the Tranche B Notes, it shall pay the defaulted interestinterest of such Notes, plus (to the extent lawful) any interest payable on the defaulted interest, interest to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business DayHolder thereof. The Company shall notify the Trustee and Paying Agent in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee or Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee or Paying Agent for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this SectionSection 2.12; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 30 days before the subsequent special record dateDefault Interest Payment Date, the Company shall mail to each Holder of Notes of the applicable tranche and publish in a leading newspaper having a general circulation in New York (or cause which is expected to be mailedthe Wall Street Journal) (and so long as the Tranche A Notes or the Tranche B Notes, as applicable, are listed on the Luxembourg Stock Exchange and the rules of such Luxembourg Stock Exchange shall so require, a newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort)) or, in the case of Definitive Notes of a particular tranche, mail by first-class mail to each Holder's registered address (and, so long as the Tranche A Notes or the Tranche B Notes are listed on the Luxembourg Stock Exchange and the rules of such Stock Exchange shall so require, publish in a recent date selected by newspaper having a general circulation in Luxembourg (which is expected to be the CompanyLuxemburger Wort)), with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Black & Decker Corp

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, and the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record date, a notice that states the subsequent special record date, the Default Interest Payment Date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(15.01(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Lennar Corp /New/

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interestinterest in any lawful manner plus, plus (to the extent lawful) any , interest payable on the defaulted interest, interest to the Persons who are Holders on a subsequent special record date, which special record date shall be in each case at the fifteenth day next preceding rate provided in the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business DayNotes and in Section 4.01 hereof. The Company shall notify the Trustee in writing in the form of an Officers’ Certificate of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this SectionSection 2.12. The Trustee shall fix or cause to be fixed each such special record date and payment date; provided, however, provided that in no event such special record date shall be less than 10 days prior to the related payment date for such defaulted interest. The Trustee shall promptly notify the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Datesuch special record date. At least 15 days before the subsequent special record date, the Company (or, upon the written request of the Company, the Trustee in the name and at the expense of the Company) shall mail (send or cause to be mailed) sent by, first-class postage prepaid, or electronically in accordance with the Depositary’s procedures to each Holder, Holder a notice at his or her address as of a recent date selected it appears in the register maintained by the Company, with a copy to the Trustee at least 20 days prior to such special record date, a notice Registrar that states the subsequent special record date, the Default Interest Payment Date related payment date and the amount of defaulted interest, and such interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior Subject to the expiration foregoing provisions of this Section 2.12 and for greater certainty, each Note delivered under this Indenture upon registration of transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note. The Trustee shall not at any time be under any duty or responsibility to any holder of Notes to determine the defaulted interest, or with respect to the nature, extent, or calculation of the 30-day period set forth amount of defaulted interest owed, or with respect to the method employed in Section 6.1(1) shall be paid to Holders as such calculation of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchangeinterest.

Appears in 1 contract

Samples: Indenture (Viavi Solutions Inc.)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults Issuers default in a payment of interest on the Notes, it they shall pay the defaulted interestinterest in any lawful manner plus, plus (to the extent lawful) any , interest payable on the defaulted interest, interest to the Persons who are Holders of Notes on a subsequent special record date, which date (except that a special record date shall not be required with respect to payments made within an applicable grace period), in each case at the fifteenth day next preceding rate provided in the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business DayNotes and in Section 4.01 hereof. The Company Issuers shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company Issuers shall deposit with the Trustee Trustee, an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee Trustee, for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event Section 2.12. The Issuers shall the Company deposit monies proposed fix or cause to be paid fixed each such special record date and payment date; provided that no such special record date shall be less than ten (10) days prior to the related payment date for such defaulted interest. The Issuers shall notify the Trustee of such special record date promptly, and in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Dateany event at least 20 days before such special record date. At least 15 days before the subsequent special record date, the Company Issuers (or, upon the written request of the Issuers, the Trustee, in the name and at the expense of the Issuers) shall mail (transmit or cause to be mailed) transmitted to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record date, Holder a notice at his or her address as it appears in the Note Register that states the subsequent special record date, the Default Interest Payment Date related payment date and the amount of defaulted interest, and such interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior The Trustee will have no duty whatsoever to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of determine whether any defaulted interest is payable, the amount thereof, or the method employed in calculating any such defaulted interest. Subject to the foregoing provisions of this ‎Section 2.12 and for greater certainty, each Note delivered under this Indenture upon registration of transfer of or in exchange for or in lieu of any other lawful manner not inconsistent with Note shall carry the requirements of any securities exchange on which the Notes may be listedrights to interest accrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.

Appears in 1 contract

Samples: Indenture (Uniti Group Inc.)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on thereof. If such default in payment of interest continues for 30 days, the Company shall (in the case of Definitive Notes) establish a subsequent special record dateRecord Date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest. If no special Record Date is required to be established pursuant to the immediately preceding sentence, (i) in the case of Definitive Notes, Holders of record on the original Record Date shall be entitled to such payment of defaulted interest or and any such interest payable on the defaulted interest and (ii) in the case of Global Notes, Holders on the Default Interest Payment Date (as defined in the next succeeding Business Day if sentence) shall be entitled to such date is not a Business Daypayment of defaulted interest and any such interest payable on the defaulted interest. The Company shall notify the Trustee and Paying Agent in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company shall deposit with the Trustee or Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements reasonably satisfactory to the Trustee or Paying Agent for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this SectionSection 2.13; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 10:00 a.m. New York City London time on the proposed Default Interest Payment DateDate with respect to defaulted interest to be paid on the Note. At In the case of Definitive Notes, at least 15 days before the subsequent special record dateRecord Date, if applicable, the Company shall mail publish, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such stock exchange shall so require, in a leading newspaper having a general circulation in Luxembourg (or cause which is expected to be mailedthe Luxemburger Wort) and, in addition to such publication, mail by first-class mail to each Holder, as of a recent date selected by the Company’s registered address, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record dateRecord Date, the Default Interest Payment Date payment date and the amount of defaulted interest. In the case of Global Notes, at least 15 days before the Default Interest Payment Date, the Company shall publish if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such stock exchange shall so require in a leading newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort), with a copy to the Trustee, a notice that states the Default Interest Payment Date, the payment date and the amount of defaulted interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Mezzanine Indenture (Waterford Wedgwood PLC)

AutoNDA by SimpleDocs

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it the Company shall pay the defaulted interest, interest (plus (interest on such defaulted interest at the Default Rate to the extent lawful) in any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Daylawful manner. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (a the Default Special Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; clause provided. Thereupon the Trustee shall fix a record date (the “Special Record Date”) for the payment of such defaulted interest, however, that in no event which date shall be not more than 15 days and not less than 10 days prior to the Special Interest Payment Date and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid of such Special Record Date, and in respect the name and at the expense of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy shall cause notice of the proposed payment of such defaulted interest and the Special Record Date and Special Interest Payment Date therefor to be given in the Trustee at least 20 manner provided for in Section 13.02, not less than 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, proposed payment of such defaulted interest and the Default Special Record Date and Special Interest Payment Date and the amount of defaulted interesttherefor having been so given, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of on the regular record date for the Special Interest Payment Date for which interest has not been paidto the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable. Notwithstanding the foregoing, the The Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.11, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 1 contract

Samples: Security Agreement (Amc Entertainment Holdings, Inc.)

Defaulted Interest. When any installment of interest becomes Defaulted Interest, such installment shall forthwith cease to be payable to the Holders in whose names the Notes were registered on the Record Date applicable to such installment of interest. Defaulted Interest (including any interest on such Defaulted Interest) may be paid by the Company, at its election, as provided in clause (A) or (B) below. (A) The Company shall pay may elect to make payment of any Defaulted Interest (including any interest on overdue principal from time such Defaulted Interest) to time on demand the Holders in whose names the Notes are registered at the rate close of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or such Defaulted Interest (a "Special Record Date"), which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons Holders entitled to such defaulted interest Defaulted Interest as provided in this Section; providedclause (A). Thereupon the Trustee shall fix a Special Record Date for the payment of such Defaulted Interest, however, that in no event which shall be not more than 15 calendar days and not less than ten calendar days prior to the date of the proposed payment and not less than ten calendar days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid of such Special Record Date and, in respect the name and at the expense of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be sent, first-class mail, postage prepaid, to each Holder at such Holder's address as it appears in the Trustee at least 20 registration books of the Registrar, not less than ten calendar days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, the Default proposed payment of such Defaulted Interest Payment Date and the amount of defaulted interestSpecial Record Date therefor having been mailed as aforesaid, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) Defaulted Interest shall be paid to the Holders as in whose names the Notes are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the regular record date for the Interest Payment Date for which interest has not been paidfollowing clause (B). Notwithstanding the foregoing(B) Alternatively, the Company may make payment of any defaulted Defaulted Interest (including any interest on such Defaulted Interest) in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may 34 -56- be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause (B), such manner of payment shall be deemed practicable by the Trustee. Section 2.13.

Appears in 1 contract

Samples: Incorporated and Suntrust (Dimon Inc)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company or any Guarantor defaults in a payment of interest on the Notes, it the Company or such Guarantor (to the extent of their obligations under the Note Guarantees) shall pay the defaulted interestinterest in any lawful manner plus, plus (to the extent lawful) any , interest payable on the defaulted interest, to the Persons who are Holders of the Notes on a subsequent special record date, which date shall be at the earliest practicable date but in all events at least five Business Days prior to the payment date, in each case at the rate provided in the Notes and in Section 4.01 hereof. The Company shall fix or cause to be fixed each such special record date shall be and payment date, and shall, promptly thereafter, notify the fifteenth day next preceding the date fixed by the Company for the payment Trustee of defaulted interest or the next succeeding Business Day if any such date is not a Business Daydate. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons Holders entitled to such defaulted interest as provided in this Section; Subsection provided. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment, however, that in no event shall and at the same time the Company shall deposit monies with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest later than 11:00 a.m. New York City time on or shall make arrangements satisfactory to the Trustee for such deposit prior to the date of the proposed Default Interest Payment Datepayment, such money when deposited to be held in trust for the benefit of the Holders entitled to such defaulted interest as in this Subsection provided. At least 15 days before the subsequent special record date, the Company (or the Trustee, in the name of and at the expense of the Company) shall mail (or cause to be mailed) to each Holder, as Holders of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record date, Notes a notice that states the subsequent special record date, the Default Interest Payment Date related payment date and the amount of defaulted interest, and such interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Indenture (Cpi Holding Corp)

Defaulted Interest. The Company shall Issuer will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company Issuer shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company Issuer defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Issuer for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company Issuer shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company Issuer deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company Issuer shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the CompanyIssuer, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange or market on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Indenture (Standard Commercial Corp)

Defaulted Interest. The Company shall will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, interest to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at on or prior to the same time date of the proposed payment the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed paymentinterest, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange. SECTION 2.13.

Appears in 1 contract

Samples: Universal Hospital Services Inc

Defaulted Interest. The Company shall will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(a) shall be paid to Holders as of the regular record rec- ord date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Universal Compression Inc

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on Holder thereof. If such default in payment of interest continues for 30 days, the Company shall (in the case of Definitive Notes) establish a subsequent special record dateRecord Date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest. If no special Record Date is required to be established pursuant to the immediately preceding sentence, (i) in the case of Definitive Notes, Holders of record on the original Record Date shall be entitled to such payment of defaulted interest or and any such interest payable on the defaulted interest and (ii) in the case of Global Notes, Holders on the Default Interest Payment Date (as defined in the next succeeding Business Day if sentence) shall be entitled to such date is not a Business Daydefaulted interest and any such interest payable on the defaulted interest. The Company shall notify the Trustee and Paying Agent in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company shall deposit with the Trustee or Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee or Paying Agent for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this SectionSection 2.13; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 10:00 a.m. New York City London time on the Business Day immediately preceding the proposed Default Interest Payment DateDate with respect to defaulted interest to be paid on the Note. At In the case of Definitive Notes, at least 15 days before the subsequent special record dateRecord Date, if applicable, the Company shall mail (or cause deliver to be mailed) to each Holder, as of a recent date selected by the Company, Holders in accordance with a copy to the Trustee at least 20 days prior to such special record date, Section 11.2 a notice that states the subsequent special record dateRecord Date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding In the foregoingcase of Global Notes, any interest which is paid prior to at least 15 days before the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Default Interest Payment Date for which interest has not been paid. Notwithstanding the foregoingDate, the Company may make shall deliver to Holders in accordance with Section 11.2 a notice that states the Default Interest Payment Date, the payment date and the amount of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedinterest, and upon interest payable on such notice as may defaulted interest, if any, to be required by such exchangepaid.

Appears in 1 contract

Samples: JSG Acquisitions I

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, interest to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Indenture Trustee and Paying Agent in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Indenture Trustee or Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Indenture Trustee or Paying Agent for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this SectionSection provided; provided, however, provided that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 10:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 10 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Indenture Trustee at least 20 days prior to such special record dateand Paying Agent, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(b) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Indenture (Transtel S A)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on Holder thereof. If such default in payment of interest continues for 30 days, the Company shall (in the case of Definitive Notes) establish a subsequent special record dateRecord Date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest. If no special Record Date is required to be established pursuant to the immediately preceding sentence, (i) in the case of Definitive Notes, Holders of record on the original Record Date shall be entitled to such payment of defaulted interest or and any such interest payable on the defaulted interest and (ii) in the case of Global Notes, Holders on the Default Interest Payment Date (as defined in the next succeeding Business Day if sentence) shall be entitled to such date is not a Business Daypayment of defaulted interest and any such interest payable on the defaulted interest. The Company shall notify the Trustee and Paying Agent in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”"DEFAULT INTEREST PAYMENT DATE"), and at the same time the Company shall deposit with the Trustee or Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee or Paying Agent for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this SectionSection 2.13; providedPROVIDED, howeverHOWEVER, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 10:00 a.m. New York City time on the Business Day immediately preceding the proposed Default Interest Payment DateDate with respect to defaulted interest to be paid on the Note. At In the case of Definitive Notes, at least 15 days before the subsequent special record dateRecord Date, if applicable, the Company shall mail publish in a leading newspaper having a general circulation in New York (or cause which is expected to be mailedTHE WALL STREET JOURNAL) and (if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such stock exchange shall so require) a leading newspaper having a general circulation in Luxembourg (which is expected to be the LUXEMBURGER WORT) and, in addition to such publication, mail by first-class mail to each Holder, as of a recent date selected by the Company's registered address, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record dateRecord Date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding In the foregoingcase of Global Notes, any interest which is paid prior to at least 15 days before the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Default Interest Payment Date for which interest has not been paid. Notwithstanding the foregoingDate, the Company may make payment of any defaulted interest shall publish in any other lawful manner not inconsistent with the requirements of any securities exchange on a leading newspaper having a general circulation in New York (which is expected to be THE WALL STREET JOURNAL) and (if and so long as the Notes may are listed on the Luxembourg Stock Exchange and the rules of such stock exchange shall so require) a leading newspaper having a general circulation in Luxembourg (which is expected to be listedthe LUXEMBURGER WORT), with a copy to the Trustee, a notice that states the Default Interest Payment Date, the payment date and the amount of defaulted interest, and upon interest payable on such notice as may defaulted interest, if any, to be required by such exchangepaid.

Appears in 1 contract

Samples: Dollar Indenture (MDCP Acquisitions I)

Defaulted Interest. The Company shall Issuer will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company Issuer shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company Issuer defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Issuer for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company Issuer shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements reasonably satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company Issuer deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company Issuer shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the CompanyIssuer, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Williams Scotsman (Williams Scotsman Inc)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on Holder thereof. If such default in payment of interest continues for 30 days, the Company shall (in the case of Definitive Notes) establish a subsequent special record dateRecord Date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest. If no special Record Date is required to be established pursuant to the immediately preceding sentence, (i) in the case of Definitive Notes, Holders of record on the original Record Date shall be entitled to such payment of defaulted interest or and any such interest payable on the defaulted interest and (ii) in the case of Global Notes, Holders on the Default Interest Payment Date (as defined in the next succeeding Business Day if sentence) shall be entitled to such date is not a Business Daydefaulted interest and any such interest payable on the defaulted interest. The Company shall notify the Trustee and Paying Agent in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company shall deposit with the Trustee or Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee or Paying Agent for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this SectionSection 2.13; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 10:00 a.m. New York City time on the Business Day immediately preceding the proposed Default Interest Payment DateDate with respect to defaulted interest to be paid on the Note. At In the case of Definitive Notes, at least 15 days before the subsequent special record dateRecord Date, if applicable, the Company shall mail (or cause deliver to be mailed) to each Holder, as of a recent date selected by the Company, Holders in accordance with a copy to the Trustee at least 20 days prior to such special record date, Section 11.2 a notice that states the subsequent special record dateRecord Date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding In the foregoingcase of Global Notes, any interest which is paid prior to at least 15 days before the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Default Interest Payment Date for which interest has not been paid. Notwithstanding the foregoingDate, the Company may make shall deliver to Holders in accordance with Section 11.2 a notice that states the Default Interest Payment Date, the payment date and the amount of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedinterest, and upon interest payable on such notice as may defaulted interest, if any, to be required by such exchangepaid.

Appears in 1 contract

Samples: Dollar Indenture (JSG Acquisitions I)

Defaulted Interest. The Company shall LNR will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company LNR shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company LNR defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company LNR for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company LNR shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company LNR shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company LNR deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company LNR shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the CompanyLNR, with a copy to the Trustee at least 20 days prior to such special record date, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.1(i) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company LNR may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: LNR Property Corp

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults Issuers default in a payment of interest on the Notes, it they shall pay the defaulted interestinterest in any lawful manner plus, plus (to the extent lawful) any , interest payable on the defaulted interest, interest to the Persons who are Holders of Notes on a subsequent special record date, which date (except that a special record date shall not be required with respect to payments made within an applicable grace period), in each case at the fifteenth day next preceding rate provided in the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business DayNotes and in Section 4.01 hereof. The Company Issuers shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company Issuers shall deposit with the Trustee Trustee, an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee Trustee, for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event Section 2.12. The Issuers shall the Company deposit monies proposed fix or cause to be paid fixed each such special record date and payment date; provided that no such special record date shall be less than ten (10) days prior to the related payment date for such defaulted interest. The Issuers shall notify the Trustee of such special record date promptly, and in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Dateany event at least 20 days before such special record date. At least 15 days before the subsequent special record date, the Company Issuers (or, upon the written request of the Issuers, the Trustee, in the name and at the expense of the Issuers) shall mail (transmit or cause to be mailed) transmitted to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record date, Holder a notice at his or her address as it appears in the Note Register that states the subsequent special record date, the Default Interest Payment Date related payment date and the amount of defaulted interest, and such interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior The Trustee will have no duty whatsoever to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of determine whether any defaulted interest is payable, the amount thereof or the method employed in calculating any such defaulted interest. Subject to the foregoing provisions of this Section 2.12 and for greater certainty, each Note delivered under this Indenture upon registration of transfer of or in exchange for or in lieu of any other lawful manner not inconsistent with Note shall carry the requirements of any securities exchange on which the Notes may be listedrights to interest accrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.

Appears in 1 contract

Samples: Indenture (Uniti Group Inc.)

Defaulted Interest. The Company shall Issuers will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company Issuers shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults Issuers default in a payment of interest on the Notes, it they shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Issuers for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company Issuers shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company Issuers shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this SectionSection 2.12; provided, however, that in no event shall the Company Issuers deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company Issuers shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the CompanyIssuers, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(15.01(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company Issuers may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Universal Compression Inc

Defaulted Interest. The Company shall will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company shall, to the extent lawful, pay interest in- terest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; providedPROVIDED, howeverHOWEVER, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Power Ten

Defaulted Interest. The Company shall Issuer will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the NotesSecurities. The Company Issuer shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the NotesSecurities. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company Issuer defaults in a payment of interest on the NotesSecurities, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, interest to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Issuer for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company Prior to such subsequent special record date, the Issuer shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company shall deposit have deposited with the Trustee an amount of Paying Agent in immediately available funds money equal sufficient to make cash payments due on such day in a timely manner which permits the Paying Agent to remit payment to the aggregate amount proposed to be paid in respect of Holders on such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Dateday. At least 15 days before the subsequent special record date, the Company Issuer shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateand the Agents, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Globe Manufacturing Corp

Defaulted Interest. The Company shall will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange. Section 2.13.

Appears in 1 contract

Samples: Sitel Corp

Defaulted Interest. The Company shall Issuer will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company Issuer shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company Issuer defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Issuer for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company Issuer shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”"DEFAULT INTEREST PAYMENT DATE"), and at the same time the Company Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements reasonably satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; providedPROVIDED, however, that in no event shall the Company Issuer deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company Issuer shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the CompanyIssuer, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Williams Scotsman of Canada Inc

Defaulted Interest. The Company shall will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount mount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01 (a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange or market on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Standard Commercial Corp

Defaulted Interest. The Company LNR shall pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company LNR shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company LNR defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company LNR for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company LNR shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company LNR shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company LNR deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company LNR shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the CompanyLNR, with a copy to the Trustee at least 20 days prior to such special record date, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.1 (i) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company LNR may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Indenture (LNR Property Corp)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company Issuer defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders Holder thereof on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Issuer for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Dayinterest. The Company Issuer shall promptly notify the Trustee and Paying Agent in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company Issuer shall deposit with the Trustee or Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee or Paying Agent for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this SectionSection 2.13; provided, however, that in no event shall the Company Issuer deposit monies proposed to be paid in respect of defaulted interest later than 11:00 11:30 a.m. New York City time on the proposed Default Interest Payment DateDate with respect to defaulted interest to be paid on the Note; provided, further, however, and to the extent any such funds are received by the Trustee or the Paying Agent from the Issuer after 11:30 am, New York City time, on the due date, the Trustee shall use commercially reasonable efforts to make payment on the date of receipt but if payment cannot be made, such funds will be deemed deposited within one Business Day of receipt thereof and the Trustee shall proceed to make payment on such date from those funds. At least 15 days before the subsequent special record date, the Company Issuer shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Fresenius Medical Care AG & Co. KGaA

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in on a payment of interest or any Additional Amounts on any series of Registered Securities, and so long as the NotesTrustee deems the following procedure practicable, it the Company shall pay the defaulted interest, plus (interest and any Additional Amounts to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders of Registered Securities of such series on a subsequent special record date, which date in the following manner. The Company shall fix the special record date (which shall be at least five days before the fifteenth day next preceding the date fixed by the Company payment date) for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to and any Additional Amounts on such Securities and the Trustee payment date for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Dateinterest. At least 15 days before the subsequent special record date, the Company Trustee shall mail (or cause to be mailed) to each Holder, as Holder of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record date, Registered Securities a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interestinterest and any Additional Amounts to be paid and such other information as the Trustee, in its discretion, deems appropriate, provided the Company has made arrangements satisfactory to the Trustee for payment of the aggregate amount to be paid on such payment date. On such payment date the Trustee shall pay out of funds provided by the Company such defaulted interest and any Additional Amounts. In case a Bearer Security of any series is surrendered at the office or agency of the Company maintained pursuant to Section 4.2 in a Place of Payment for such series in exchange for a Registered Security of such series after the close of business at such office or agency on any special record date and before the opening of business at such office or agency on the related proposed date for payment of defaulted interest and any Additional Amounts, such Bearer Security shall be surrendered without the coupon relating to such proposed date of payment and defaulted interest and any Additional amounts will not be payable on such defaulted interestproposed date of payment in respect of the Registered Security issued in exchange for such Bearer Security, if any, to but will be paid. Notwithstanding the foregoing, any interest which is paid prior payable only to the expiration Holder of such coupon on or after such payment date in accordance with the 30-day period set forth in Section 6.1(1) shall be paid to Holders as provisions of the regular record date for the Interest Payment Date for which interest has not been paidthis Indenture. Notwithstanding the foregoing, the The Company may make payment of any pay defaulted interest and any Additional Amounts in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchangemanner.

Appears in 1 contract

Samples: Interface Inc

Defaulted Interest. The Company shall will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; providedPROVIDED, howeverHOWEVER, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner man ner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Town Sports International Inc

Defaulted Interest. The Company shall Issuers will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company Issuers shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults Issuers default in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Issuers for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company Issuers shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company Issuers shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company Issuers deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company Issuers shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the CompanyIssuers, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company Issuers may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Canadian Abraxas Petroleum LTD

Defaulted Interest. The Company shall Issuers will pay interest on overdue principal from time to time on demand at 1% per annum in excess of the rate of interest then borne by the Notes. The Company Issuers shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at 1% per annum in excess of the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults Issuers default in a payment of interest on the Notes, it they shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are (i) Holders on a subsequent special record date, if it so elects, which special record date shall be the fifteenth day next preceding the date fixed by the Company Issuers for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day, or (ii) if the Issuers do not elect a special record date, Holders on the next Record Date, which payment shall be made on the next regular Interest Payment Date. The Company Issuers shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company Issuers shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company Issuers deposit monies proposed to be paid in respect of defaulted interest later than 11:00 10:30 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company Issuers shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the CompanyIssuers, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(i) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company Issuers may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Indenture (Phibro Animal Health Corp)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; providedPROVIDED, howeverHOWEVER, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 3010-day period set forth in Section 6.1(16.01(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.. ARTICLE THREE

Appears in 1 contract

Samples: Article Twelve (Discovery Zone Inc)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest or any Additional Amounts on any series of Registered Securities, the Notes, it Company shall pay the defaulted interest, plus (interest and any Additional Amounts to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders of Registered Securities of such series on a subsequent special record date, which date in the following manner. The Company shall fix the special record date (which shall be between 10 and 30 days before the fifteenth day next preceding the date fixed by the Company payment date) for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to and any Additional Amounts on such Securities and the Trustee payment date for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Dateinterest. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as Holder of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record date, Registered Securities a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interestinterest and any Additional Amounts to be paid, provided the Company has made arrangements satisfactory to the Trustee for payment of the aggregate amount to be paid on such payment date. On such payment date the Trustee shall pay out of funds provided by the Company such defaulted interest and any Additional Amounts. In case a Bearer Security of any series is surrendered at the office or agency of the Company maintained pursuant to Section 4.02 in a Place of Payment for such series in exchange for a Registered Security of such series after the close of business at such office or agency on any special record date and before the opening of business at such office or agency on the related proposed date for payment of defaulted interest and any Additional Amounts, such Bearer Security shall be surrendered without the coupon relating to such proposed date of payment and defaulted interest and any Additional Amounts will not be payable on such defaulted interestproposed date of payment in respect of the Registered Security issued in exchange for such Bearer Security, if any, to but will be paid. Notwithstanding the foregoing, any interest which is paid prior payable only to the expiration Holder of such coupon on or after such payment date in accordance with the 30-day period set forth in Section 6.1(1) shall be paid to Holders as provisions of the regular record date for the Interest Payment Date for which interest has not been paidthis Indenture. Notwithstanding the foregoing, the The Company may make payment of any pay defaulted interest and any Additional Amounts in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchangemanner.

Appears in 1 contract

Samples: Sierra Pacific Resources Capital Trust Ii

Defaulted Interest. The Company shall pay Except as otherwise specified with respect to the Note, any interest on overdue principal from time any Note that is payable, but is not punctually paid or duly provided for, within 30 days following any applicable payment date (herein called "Defaulted Interest," which term shall include any accrued and unpaid interest that has accrued on such defaulted amount in accordance with paragraph 1 of the Notes), shall forthwith cease to time be payable to the registered Holder thereof on demand at the rate relevant Regular Record Date by virtue of interest borne having been such Holder, and such Defaulted Interest may be paid by the NotesCompany, at its election in each case, as provided in clause (a) or (b) below. The Company shall, may elect to make payment of any Defaulted Interest to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand persons in whose names the Notes are registered at the rate Close of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders Business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Special Record Date for the payment of defaulted interest or such Defaulted Interest, which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”which shall not be less than 20 days after such notice is received by the Trustee), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons persons entitled to such defaulted interest Defaulted Interest as provided in this Section; clause provided, however, that in no event . Thereupon the Trustee shall fix a special record date for the payment of such Defaulted Interest which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment (the "Special Record Date"). The Trustee shall promptly notify the Company deposit monies proposed to be paid of such Special Record Date and, in respect the name and at the expense of defaulted interest later than 11:00 a.m. New York City time on the Company, shall cause notice of the proposed Default payment of such Defaulted Interest Payment Date. At least 15 days before and the subsequent special record date, the Company shall mail (or cause Special Record Date therefor to be mailed) , first-class postage prepaid, to each Holder, Holder of Notes at his address as it appears on the list of a recent date selected by the Company, with a copy Noteholders maintained pursuant to the Trustee at least 20 Section 2.05 not less than 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, the Default proposed payment of such Defaulted Interest Payment Date and the amount of defaulted interestSpecial Record Date therefor having been mailed as aforesaid, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) Defaulted Interest shall be paid to Holders as the persons in whose names the Notes are registered at the Close of Business on such Special Record Date and shall no longer be payable pursuant to the regular record date for the Interest Payment Date for which interest has not been paidfollowing clause (b). Notwithstanding the foregoing, the The Company may make payment of any defaulted interest Defaulted Interest on the Notes in any other lawful manner not inconsistent with the requirements of any securities exchange on which the such Notes may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Sun Microsystems, Inc.

Defaulted Interest. The Company shall Issuers will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company Issuers shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults Issuers default in a payment of interest on the Notes, it they shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Issuers for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company Issuers shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company Issuers shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company Issuers deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company Issuers shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the CompanyIssuers, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company Issuers may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.

Appears in 1 contract

Samples: Abraxas Petroleum Corp

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; providedPROVIDED, howeverHOWEVER, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. The Company shall, with the Trustee's consent, fix or cause to be fixed each such special record date and payment date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 3010-day period set forth in Section 6.1(16.1(a) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.. ARTICLE THREE

Appears in 1 contract

Samples: Registration Rights Agreement (CSS Trade Names Inc)

Defaulted Interest. Except as otherwise specified with respect to the Securities, any interest on any Security that is payable, but is not punctually paid or duly provided for, within 30 days following any applicable payment date (herein called “Defaulted Interest”, which term shall include any accrued and unpaid interest that has accrued on such defaulted amount in accordance with paragraph 1 of the Securities), shall forthwith cease to be payable to the registered Holder thereof on the relevant Regular Record Date or accrual date, as the case may be, by virtue of having been such Holder, and such Defaulted Interest may be paid by the Company, at its election in each case, as provided in clause (1) or (2) below: The Company shall pay interest on overdue principal from time may elect to time on demand make payment of any Defaulted Interest to the persons in whose names the Securities are registered at the rate close of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or such Defaulted Interest, which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note Security and the date of the proposed payment (a “Default Interest Payment Date”which shall not be less than 20 days after such notice is received by the Trustee), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons persons entitled to such defaulted interest Defaulted Interest as provided in this Section; clause provided, however, that in no event . Thereupon the Trustee shall fix a special record date (the “Special Record Date”) for the payment of such Defaulted Interest which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid of such Special Record Date and, in respect the name and at the expense of defaulted interest later than 11:00 a.m. New York City time on the Company, shall cause notice of the proposed Default payment of such Defaulted Interest Payment Date. At least 15 days before and the subsequent special record date, the Company shall mail (or cause Special Record Date therefor to be mailed) , first-class postage prepaid, to each Holder, Holder of Securities at his address as it appears on the list of a recent date selected by the Company, with a copy Securityholders maintained pursuant to the Trustee at least 20 Section 2.05 not less than 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, the Default proposed payment of such Defaulted Interest Payment Date and the amount of defaulted interestSpecial Record Date therefor having been mailed as aforesaid, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) Defaulted Interest shall be paid to Holders as the persons in whose names the Securities are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the regular record date for the Interest Payment Date for which interest has not been paidfollowing clause (2). Notwithstanding the foregoing, the The Company may make payment of any defaulted interest Defaulted Interest on the Securities in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes such Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Expressjet Holdings Inc

Defaulted Interest. Except as otherwise specified with respect to the Securities, any interest on any Security that is payable, but is not punctually paid or duly provided for, within 30 days following any applicable payment date (herein called "Defaulted Interest", which term shall include any accrued and unpaid interest that has accrued on such defaulted amount in accordance with paragraph 1 of the Securities), shall forthwith cease to be payable to the registered Holder thereof on the relevant Regular Record Date or accrual date, as the case may be, by virtue of having been such Holder, and such Defaulted Interest may be paid by the Company, at its election in each case, as provided in clause (1) or (2) below: The Company shall pay interest on overdue principal from time may elect to time on demand make payment of any Defaulted Interest to the persons in whose names the Securities are registered at the rate close of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or such Defaulted Interest, which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify the Trustee in writing of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note Security and the date of the proposed payment (a “Default Interest Payment Date”which shall not be less than 25 days after such notice is received by the Trustee), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons persons entitled to such defaulted interest Defaulted Interest as provided in this Section; clause provided, however, that in no event . Thereupon the Trustee shall fix a special record date (the "Special Record Date") for the payment of such Defaulted Interest which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid of such Special Record Date and, in respect the name and at the expense of defaulted interest later than 11:00 a.m. New York City time on the Company, shall cause notice of the proposed Default payment of such Defaulted Interest Payment Date. At least 15 days before and the subsequent special record date, the Company shall mail (or cause Special Record Date therefor to be mailed) , first-class postage prepaid, to each Holder, Holder of Securities at his address as it appears on the list of a recent date selected by the Company, with a copy Securityholders maintained pursuant to the Trustee at least 20 Section 2.05 not less than 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, the Default proposed payment of such Defaulted Interest Payment Date and the amount of defaulted interestSpecial Record Date therefor having been mailed as aforesaid, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) Defaulted Interest shall be paid to Holders as the persons in whose names the Securities are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the regular record date for the Interest Payment Date for which interest has not been paidfollowing clause (2). Notwithstanding the foregoing, the The Company may make payment of any defaulted interest Defaulted Interest on the Securities in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes such Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Mesa Air Group Inc

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on of the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record date, a notice that states the subsequent special record date, the Default Interest Payment Date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(15.01(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange.. ARTICLE THREE

Appears in 1 contract

Samples: Indenture (Lennar Corp /New/)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults and the Guarantors default in a payment of interest on the Notes, it the Company or any such Guarantor (to the extent of its obligations under its Note Guarantee) shall pay the defaulted interestinterest in any lawful manner plus, plus (to the extent lawful) any , interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, which special record date shall be at the fifteenth day next preceding the earliest practicable date fixed by the Company for but in all events at least five Business Days prior to the payment of defaulted interest or date, in each case at the next succeeding Business Day if such date is not a Business Dayrate provided for with respect to the applicable Notes. The Company shall notify the Trustee and the Paying Agent in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements as are satisfactory to the Trustee Paying Agent for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event Section 2.12. The Company shall the Company deposit monies proposed fix or cause to be paid in respect fixed each such special record date and payment date, and shall, promptly thereafter, notify the Trustee and the Paying Agent of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Dateany such date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holderthe Common Depositary or Paying Agent, as applicable, in the name of a recent date selected by and at the expense of the Company, with a copy ) shall deliver to the Trustee at least 20 days prior to such special record date, Holders a notice that states the subsequent special record date, the Default Interest Payment Date related payment date and the amount of defaulted interest, and such interest payable on such defaulted interest, if any, to be paid. Notwithstanding The Company and the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company Guarantors may make payment of any pay defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchangemanner.

Appears in 1 contract

Samples: Senior Indenture (Iron Mountain Inc)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company Issuer defaults in a payment of interest on the NotesNotes (and such nonpayment continues beyond the applicable grace period set forth in Section 6.01(2) hereof), it shall pay the defaulted interestinterest in any lawful manner plus, plus (to the extent lawful) any , interest payable on the defaulted interest, in each case at the rate provided in the Notes and in Section 4.01 hereof. The Issuer may pay the defaulted interest to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company Issuer shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event Section 2.12. The Trustee shall the Company deposit monies proposed fix or cause to be paid in respect fixed any such special record date and payment date; provided that no such special record date shall be less than 10 days prior to the related payment date for such defaulted interest. The Trustee shall promptly notify the Issuer of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Dateany such special record date. At least 15 days before the subsequent any such special record date, the Company shall mail Issuer (or, upon the written request of the Issuer, the Trustee in the name and at the expense of the Issuer) will deliver or cause to be mailed) delivered to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record date, Holders a notice that states the subsequent special record date, the Default Interest Payment Date related payment date and the amount of defaulted interest, and such interest payable on such defaulted interest, if any, to be paid. Notwithstanding The Issuer undertakes to promptly inform Euronext Dublin (so long as the foregoing, Notes are listed on the Official List of Euronext Dublin and admitted for trading on the Global Exchange Market thereof and the rules of Euronext Dublin so require) of any interest which is paid prior such special record date. Subject to the expiration foregoing provisions of the 30-day period set forth this Section 2.12 and for greater certainty, each Note delivered under this Indenture upon registration of transfer of or in Section 6.1(1) shall be paid to Holders as of the regular record date exchange for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment or in lieu of any defaulted other Note shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedaccrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.

Appears in 1 contract

Samples: Indenture (Iqvia Holdings Inc.)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest borne by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who are Holders on thereof. If such default in payment of interest continues for 30 days, the Company shall (in the case of Definitive Notes) establish a subsequent special record dateRecord Date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest. If no special Record Date is required to be established pursuant to the immediately preceding sentence, (i) in the case of Definitive Notes, Holders of record on the original Record Date shall be entitled to such payment of defaulted interest or and any such interest payable on the defaulted interest and (ii) in the case of Global Notes, Holders on the Default Interest Payment Date (as defined in the next succeeding Business Day if sentence) shall be entitled to such date is not a Business Daypayment of defaulted interest and any such interest payable on the defaulted interest. The Company shall notify the Trustee and Paying Agent in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”), and at the same time the Company shall deposit with the Trustee or Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements reasonably satisfactory to the Trustee or Paying Agent for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this SectionSection 2.13; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 10:00 a.m. London time (in relation to Euro Notes) or 10:00 a.m. New York City time (in relation to Dollar Notes) on the proposed Default Interest Payment DateDate with respect to defaulted interest to be paid on the Note. At In the case of Definitive Notes, at least 15 days before the subsequent special record dateRecord Date, if applicable, the Company shall mail publish in a leading newspaper having a general circulation in New York (or cause which is expected to be mailedThe Wall Street Journal) and (if and so long as the Notes are listed on the Luxembourg Stock Exchange and/or the Irish Stock Exchange and the rules of such Stock Exchange shall so require) a leading newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort) and/or Dublin (which is expected to be the Irish Times), as the case may be, and, in addition to such publication, mail by first-class mail to each Holder, as of a recent date selected by the Company’s registered address, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record dateRecord Date, the Default Interest Payment Date payment date and the amount of defaulted interest. In the case of Global Notes, at least 15 days before the Default Interest Payment Date, the Company shall publish in a leading newspaper having a general circulation in New York (which is expected to be The Wall Street Journal) and (if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such stock exchange shall so require) a leading newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort) and (if and so long as the Notes are listed on the Irish Stock Exchange and the rules of such stock exchange shall so require) a leading newspaper having a general circulation in Dublin (which is expected to be the Irish Times), with a copy to the Trustee, a notice that states the Default Interest Payment Date, the payment date and the amount of defaulted interest payable on such defaulted interest, if any, to be paid. Notwithstanding In addition (if and so long as the foregoing, any interest which is paid prior Notes are listed on the Irish Stock Exchange and the rules of such stock exchange shall so require) copies of all notices transmitted to Holders shall be delivered to the expiration Companies Announcement Office of the 30-day period set forth in Section 6.1(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchangeIrish Stock Exchange.

Appears in 1 contract

Samples: Senior Indenture (Valentia Telecommunications)

Defaulted Interest. The Company shall will pay interest on overdue principal from time to time on demand at the rate of interest then borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the Notes. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, interest to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment (a "Default Interest Payment Date"), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may 49 -41- make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchangeexchange if, after notice given by the Company to the Trustee of the proposed payment pursuant to this Section, such payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Covenants (Railworks Corp)

Defaulted Interest. The Company Interest on any Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall pay be paid to the Person in whose name that Note is registered at the close of business on the Regular Record Date for such interest. Any interest on overdue principal from time to time any Note which is payable, but is not punctually paid or duly provided for, on demand any Interest Payment Date and interest on such defaulted interest at the applicable interest rate of interest borne by the Notes. The Company shall, to the extent lawful, pay interest on overdue installments of lawful (such defaulted interest (without regard and interest thereon) herein collectively called “Defaulted Interest”) shall forthwith cease to any applicable grace periods) from time be payable to time the Holder on demand at the rate relevant Regular Record Date by virtue of interest borne having been such Holder; and such Defaulted Interest shall be paid by the Notes. All such interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, to the Persons who in whose names the Notes are Holders registered at the close of business on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company Special Record Date for the payment of defaulted interest or such Defaulted Interest, which shall be fixed in the next succeeding Business Day if such date is not a Business Dayfollowing manner. The Company shall notify give the Trustee in writing at least 15 days’ written notice (unless a shorter period is acceptable to the Trustee for its convenience) of the amount of defaulted interest Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (a “Default Interest Payment Date”)payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held by the Trustee in trust for the benefit of the Persons entitled to such defaulted interest Defaulted Interest as is provided in this Section; provided, however, that in no event Section 2.12. Thereupon the Trustee shall fix a Special Record Date for the payment of such Defaulted Interest which shall not be more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time on such Special Record Date. In the name and at the expense of the Company, the Trustee shall cause notice of the proposed Default payment of such Defaulted Interest Payment Date. At least 15 days before and the subsequent special record date, the Company shall mail (or cause Special Record Date therefor to be mailed) , first-class postage prepaid (or transmitted electronically in accordance with applicable procedures of DTC), to each HolderHolder at his address as it appears in the Registrar, as of a recent date selected by the Company, with a copy to the Trustee at least 20 not less than 10 days prior to such special record date, a notice that states Special Record Date. Notice of the subsequent special record date, the Default proposed payment of such Defaulted Interest Payment Date and the amount of defaulted interestSpecial Record Date therefor having been so mailed, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(1) Defaulted Interest shall be paid to Holders as the Persons in whose names the Notes are registered at the close of business on such Special Record Date. Subject to the regular record date foregoing provisions of this Section 2.12, each Note delivered under this Indenture upon registration of transfer of or in exchange for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment or in lieu of any defaulted other Note shall carry the rights to interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listedaccrued and unpaid, and upon such notice as may be required to accrue, which were carried by such exchangeother Note.

Appears in 1 contract

Samples: Indenture (Vail Resorts Inc)

Defaulted Interest. The Company shall pay interest on overdue principal from time to time on demand at the applicable rate of interest then borne by the NotesSecurities. The Company shall, to the extent lawful, pay interest on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the rate of interest then borne by the NotesSecurities. All such interest Interest will be computed on the basis of a 360-day year comprised of twelve 30-day months, and, in the case of a partial month, the actual number of days elapsed. If the Company defaults in a payment of interest on the NotesSecurities, it shall pay the defaulted interest, plus (to the extent lawful) any interest payable on the defaulted interest, interest to the Persons who are Holders on a subsequent special record date, which special record date shall be the fifteenth day next preceding the date fixed by the Company for the payment of defaulted interest or the next succeeding Business Day if such date is not a Business Day. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note Security and the date of the proposed payment (a "Default Interest ---------------- Payment Date"), and at the same time the Company shall deposit with the Trustee ------------ an amount of money equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such defaulted interest as provided in this Section; provided, however, that in no event shall the Company deposit monies proposed to be paid in respect of defaulted interest later than 11:00 a.m. New York City time 10:00 a.m., Eastern Time, on the proposed Default Interest Payment Date. At least 15 days before the subsequent special record date, the Company shall mail (or cause to be mailed) to each Holder, as of a recent date selected by the Company, with a copy to the Trustee at least 20 days prior to such special record dateTrustee, a notice that states the subsequent special record date, the Default Interest Payment Date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. Notwithstanding the foregoing, any interest which is paid prior to the expiration of the 30-day period set forth in Section 6.1(16.01(1) shall be paid to Holders as of the regular record date for the Interest Payment Date for which interest has not been paid. Notwithstanding the foregoing, the Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchangeexchange if, after notice given by the Company to the Trustee of the proposed payment pursuant to this Section, such payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Cadmus Communications Corp/New

Time is Money Join Law Insider Premium to draft better contracts faster.