Common use of Interest Payments; Rights to Interest Preserved Clause in Contracts

Interest Payments; Rights to Interest Preserved. Each Corporate PIES issued hereunder shall consist of the beneficial ownership by the Holder of one Senior Note issued pursuant to the Indenture or, if the Corporate PIES shall have been remarketed by the Remarketing Agent pursuant to the Remarketing Agreement, the Treasury Portfolio Interest, in each case, subject to the Pledge thereof by such Holder under the Pledge Agreement. An interest payment on any Senior Note which is paid on any Payment Date or the portion of the proceeds of a Treasury Portfolio Interest equal to the interest payable on a Senior Note on the Purchase Contract Settlement Date (such portion the "Treasury Portfolio Return"), as the case may be, subject to receipt thereof by the Purchase Contract Agent from the Collateral Agent as provided by the terms of the Pledge Agreement, shall promptly be paid to the Person in whose name the Corporate PIES Certificate (or one or more Predecessor Corporate PIES Certificates) of which such Senior Note or the Treasury Portfolio Interest, as the case may be, is a part is registered at the close of business on the Record Date for such Payment Date or Purchase Contract Settlement Date, as applicable. Each Corporate PIES Certificate evidencing, in part, the Senior Note or the Treasury Portfolio Interest delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Corporate PIES Certificate shall carry the right to accrued and unpaid interest, and the right to accrue interest (and accreted and accreting principal in the case of non-interest bearing components of the Treasury Portfolio Interest), which rights were carried by the Senior Note or the Treasury Portfolio Interest, as the case may be, relating to such other Corporate PIES Certificate. In the case of any Corporate PIES with respect to which (1) Cash Settlement of the related Purchase Contract is effected on the fifth Business Day immediately preceding the Purchase Contract Settlement Date, (2) Early Settlement of the related Purchase Contract is effected on an Early Settlement Date, (3) Merger Early Settlement of the related Purchase Contract is effected on a Merger Early Settlement Date or (4) a Collateral Substitution is effected, in each case, on a date that is after any Record Date and on or prior to the next succeeding Payment Date, the interest payment on the Senior Note or the Treasury Portfolio Return, as the case may be, relating to such Corporate PIES otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Cash Settlement, Early Settlement, Merger Early Settlement or Collateral Substitution, as the case may be, and such payment shall, subject to receipt thereof by the Purchase Contract Agent, be payable to the Person in whose name the Corporate PIES Certificate (or one or more Predecessor Corporate PIES Certificates) was registered at the close of business on the corresponding Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Corporate PIES with respect to which Cash Settlement, Early Settlement or Merger Early Settlement of the related Purchase Contract is effected on the fifth Business Day immediately preceding the Purchase Contract Settlement Date, on an Early Settlement Date or on a Merger Early Settlement Date, respectively, or with respect to which a Collateral Substitution has been effected, interest payments on the related Senior Notes or the Treasury Portfolio Return, as the case may be, that would otherwise be payable after the fifth Business Day preceding the Purchase Contract Settlement Date, after the Early Settlement Date, after the Merger Early Settlement Date, or after the Collateral Substitution, respectively, shall not be payable hereunder to the Holder of such Corporate PIES; PROVIDED, HOWEVER, that to the extent that such Holder continues to hold the Separated Senior Note that formerly comprised a part of such Holder's Corporate PIES, such Holder shall be entitled to receive the interest payments on such Separated Senior Note, as provided in the Indenture.

Appears in 2 contracts

Samples: Purchase Contract Agreement (Sierra Pacific Resources Capital Trust Ii), Purchase Contract Agreement (Sierra Pacific Resources)

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Interest Payments; Rights to Interest Preserved. Each Corporate PIES Unit issued hereunder shall consist of the beneficial ownership by the Holder of one Senior Note Debt Security issued pursuant to the Indenture or, if the Corporate PIES Unit shall have been remarketed by the Remarketing Agent pursuant to the Remarketing Agreement, the Treasury Portfolio Interest, in each case, subject to the Pledge thereof by such Holder under the Pledge Agreement. An interest payment on any Senior Note Debt Security which is paid on any Payment Date or the portion of the proceeds of a Treasury Portfolio Interest equal to the interest payable on a Senior Note Debt Security on the Purchase Contract Settlement Date (such portion the "Treasury Portfolio Return"), as the case may be, subject to receipt thereof by the Purchase Contract Agent from the Collateral Agent as provided by the terms of the Pledge Agreement, shall promptly be paid to the Person in whose name the Corporate PIES Unit Certificate (or one or more Predecessor Corporate PIES Unit Certificates) of which such Senior Note Debt Security or the Treasury Portfolio Interest, as the case may be, is a part is registered at the close of business on the Record Date for such Payment Date or Purchase Contract Settlement Date, as applicable. Each Corporate PIES Unit Certificate evidencing, in part, the Senior Note Debt Security or the Treasury Portfolio Interest delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Corporate PIES Unit Certificate shall carry the right to accrued and unpaid interest, and the right to accrue interest (and accreted and accreting principal in the case of non-interest bearing components of the Treasury Portfolio Interest), which rights were carried by the Senior Note Debt Security or the Treasury Portfolio Interest, as the case may be, relating to such other Corporate PIES Unit Certificate. In the case of any Corporate PIES Units with respect to which (1) Cash Settlement of the related Purchase Contract is effected on the fifth Business Day immediately preceding the Purchase Contract Settlement Date, (2) Early Settlement of the related Purchase Contract is effected on an Early Settlement Date, (3) Merger Early Settlement of the related Purchase Contract is effected on a Merger Early Settlement Date or (4) a Collateral Substitution is effected, in each case, on a date that is after any Record Date and on or prior to the next succeeding Payment Date, the interest payment on the Senior Note Debt Security or the Treasury Portfolio Return, as the case may be, relating to such Corporate PIES Units otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Cash Settlement, Early Settlement, Merger Early Settlement or Collateral Substitution, as the case may be, and such payment shall, subject to receipt thereof by the Purchase Contract Agent, be payable to the Person in whose name the Corporate PIES Unit Certificate (or one or more Predecessor Corporate PIES Unit Certificates) was registered at the close of business on the corresponding Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Corporate PIES Units with respect to which Cash Settlement, Early Settlement or Merger Early Settlement of the related Purchase Contract is effected on the fifth Business Day immediately preceding the Purchase Contract Settlement Date, on an Early Settlement Date or on a Merger Early Settlement Date, respectively, or with respect to which a Collateral Substitution has been effected, interest payments on the related Senior Notes Debt Securities or the Treasury Portfolio Return, as the case may be, that would otherwise be payable after the fifth Business Day preceding the Purchase Contract Settlement Date, after the Early Settlement Date, after the Merger Early Settlement Date, or after the Collateral Substitution, respectively, shall not be payable hereunder to the Holder of such Corporate PIESUnits; PROVIDEDprovided, HOWEVERhowever, that to the extent that such Holder continues to hold the Separated Senior Note Debt Security that formerly comprised a part of such Holder's Corporate PIESUnits, such Holder shall be entitled to receive the interest payments on such Separated Senior NoteDebt Security, as provided in the Indenture.

Appears in 2 contracts

Samples: Purchase Contract Agreement (Ohio Casualty Corp), Purchase Contract Agreement (Endurance Specialty Holdings LTD)

Interest Payments; Rights to Interest Preserved. Each Corporate PIES Unit issued hereunder shall consist of the beneficial ownership by the Holder of one Senior Note Debt Security issued pursuant to the Indenture or, if the Corporate PIES Unit shall have been remarketed by the Remarketing Agent pursuant to the Remarketing Agreement, the Treasury Portfolio Interest, in each case, subject to the Pledge thereof by such Holder under the Pledge Agreement. An interest payment on any Senior Note Debt Security which is paid on any Payment Date or the portion of the proceeds of a Treasury Portfolio Interest equal to the interest payable on a Senior Note Debt Security on the Purchase Contract Settlement Date (such portion the "Treasury Portfolio Return"), as the case may be, subject to receipt thereof by the Purchase Contract Agent from the Collateral Agent as provided by the terms of the Pledge Agreement, shall promptly be paid to the Person in whose name the Corporate PIES Unit Certificate (or one or more Predecessor Corporate PIES Unit Certificates) of which such Senior Note Debt Security or the Treasury Portfolio Interest, as the case may be, is a part is registered at the close of business on the Record Date for such Payment Date or Purchase Contract Settlement Date, as applicable. Each Corporate PIES Unit Certificate evidencing, in part, the Senior Note Debt Security or the Treasury Portfolio Interest delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Corporate PIES Unit Certificate shall carry the right to accrued and unpaid interest, and the right to accrue interest (and accreted and accreting principal in the case of non-interest bearing components of the Treasury Portfolio Interest), which rights were carried by the Senior Note Debt Security or the Treasury Portfolio Interest, as the case may be, relating to such other Corporate PIES Unit Certificate. In the case of any Corporate PIES Units with respect to which (1) Cash Settlement of the related Purchase Contract is effected on the fifth Business Day immediately preceding the Purchase Contract Settlement Date, (2) Early Settlement of the related Purchase Contract is effected on an Early Settlement Date, (3) Merger Early Settlement of the related Purchase Contract is effected on a Merger Early Settlement Date or (4) a Collateral Substitution is effected, in each case, on a date that is after any Record Date and on or prior to the next succeeding Payment Date, the interest payment on the Senior Note Debt Security or the Treasury Portfolio Return, as the case may be, relating to such Corporate PIES Units otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Cash Settlement, Early Settlement, Merger Early Settlement or Collateral Substitution, as the case may be, and such payment shall, subject to receipt thereof by the Purchase Contract Agent, be payable to the Person in whose name the Corporate PIES Unit Certificate (or one or more Predecessor Corporate PIES Unit Certificates) was registered at the close of business on the corresponding Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Corporate PIES Units with respect to which Cash Settlement, Early Settlement or Merger Early Settlement of the related Purchase Contract is effected on the fifth Business Day immediately preceding the Purchase Contract Settlement Date, on an Early Settlement Date or on a Merger Early Settlement Date, respectively, or with respect to which a Collateral Substitution has been effected, interest payments on the related Senior Notes Debt Securities or the Treasury Portfolio Return, as the case may be, that would otherwise be payable after the fifth Business Day preceding the Purchase Contract Settlement Date, after the Early Settlement Date, after the Merger Early Settlement Date, or after the Collateral Substitution, respectively, shall not be payable hereunder to the Holder of such Corporate PIESUnits; PROVIDEDprovided, HOWEVERhowever, that to the extent that such Holder continues to hold the Separated Senior Note Debt Security that formerly comprised a part of such Holder's ’s Corporate PIESUnits, such Holder shall be entitled to receive the interest payments on such Separated Senior NoteDebt Security, as provided in the Indenture.

Appears in 2 contracts

Samples: Purchase Contract Agreement (Amerigroup Corp), Purchase Contract Agreement (Amerigroup Corp)

Interest Payments; Rights to Interest Preserved. Each Corporate PIES Unit issued hereunder shall consist of the beneficial ownership by the Holder of one Senior Note Debt Security issued pursuant to the Indenture or, if the Corporate PIES Units shall have been remarketed by the Remarketing Agent pursuant to the Remarketing Agreement, the Treasury Portfolio Interest, in each case, subject to the Pledge thereof by such Holder under the Pledge Agreement. An interest payment on any Senior Note Debt Security which is paid on any Payment Date or the portion of the proceeds of a Treasury Portfolio Interest equal to the interest payable on a Senior Note Debt Security on the Purchase Contract Settlement Date (such portion the "Treasury Portfolio Return"), as the case may be, subject to receipt thereof by the Purchase Contract Agent from the Collateral Agent as provided by the terms of the Pledge Agreement, shall promptly be paid to the Person in whose name the Corporate PIES Unit Certificate (or one or more Predecessor Corporate PIES Unit Certificates) of which such Senior Note Debt Security or the Treasury Portfolio Interest, as the case may be, is a part is registered at the close of business on the Record Date for such Payment Date or Purchase Contract Settlement Date, as applicable. Each Corporate PIES Unit Certificate evidencing, in part, the Senior Note Debt Security or the Treasury Portfolio Interest delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Corporate PIES Unit Certificate shall carry the right to accrued and unpaid interest, and the right to accrue interest (and accreted and accreting principal in the case of non-interest bearing components of the Treasury Portfolio Interest), which rights were carried by the Senior Note Debt Security or the Treasury Portfolio Interest, as the case may be, relating to such other Corporate PIES Unit Certificate. In the case of any Corporate PIES Units with respect to which (1) Cash Settlement of the related Purchase Contract is effected on the fifth Business Day immediately preceding the Purchase Contract Settlement Date, (2) Early Settlement of the related Purchase Contract is effected on an Early Settlement Date, (3) Merger Early Settlement of the related Purchase Contract is effected on a Merger Early Settlement Date or (4) a Collateral Substitution is effected, in each case, on a date that is after any Record Date and on or prior to the next succeeding Payment Date, the interest payment on the Senior Note Debt Security or the Treasury Portfolio Return, as the case may be, relating to such Corporate PIES Units otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Cash Settlement, Early Settlement, Merger Early Settlement or Collateral Substitution, as the case may be, and such payment shall, subject to receipt thereof by the Purchase Contract Agent, be payable to the Person in whose name the Corporate PIES Unit Certificate (or one or more Predecessor Corporate PIES Unit Certificates) was registered at the close of business on the corresponding Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Corporate PIES Units with respect to which Cash Settlement, Early Settlement or Merger Early Settlement of the related Purchase Contract is effected on the fifth Business Day immediately preceding the Purchase Contract Settlement Date, on an Early Settlement Date or on a Merger Early Settlement Date, respectively, or with respect to which a Collateral Substitution has been effected, interest payments on the related Senior Notes Debt Securities or the Treasury Portfolio Return, as the case may be, that would otherwise be payable after the fifth Business Day preceding the Purchase Contract Settlement Date, after the Early Settlement Date, after the Merger Early Settlement Date, or after the Collateral Substitution, respectively, shall not be payable hereunder to the Holder of such Corporate PIESUnits; PROVIDEDprovided, HOWEVERhowever, that to the extent that such Holder continues to hold the Separated Senior Note Debt Security that formerly comprised a part of such Holder's Corporate PIESUnits, such Holder shall be entitled to receive the interest payments on such Separated Senior NoteDebt Security, as provided in the Indenture.

Appears in 1 contract

Samples: Purchase Contract Agreement (Dqe Capital Corp)

Interest Payments; Rights to Interest Preserved. Each Corporate PIES Unit issued hereunder shall consist of the beneficial ownership by the Holder of one Senior Note issued pursuant to under the Indenture or, if the Corporate PIES Remarketing Senior Notes shall have been remarketed by the Remarketing Agent pursuant to under the Remarketing AgreementAgreement or if a Tax Event Redemption has occurred before the Purchase Contract Settlement Date, the Treasury Portfolio Interest, in each case, subject to the Pledge thereof by such Holder under the Pledge Agreement. An interest payment on any Senior Note which is paid on any Payment Date or the portion of the proceeds of a Treasury Portfolio Interest equal to the interest payable on a Senior Note on the Purchase Contract Settlement Date (such portion the "Treasury Portfolio Return"), as the case may be, subject to receipt thereof by the Purchase Contract Agent from the Collateral Agent as provided by the terms of the Pledge Agreement, shall promptly be paid to the Person in whose name the Corporate PIES Unit Certificate (or one or more Predecessor Corporate PIES Unit Certificates) of which such Senior Note or the Treasury Portfolio Interest, as the case may be, is a part is registered at the close of business on the Record Date for such Payment Date or Purchase Contract Settlement Date, as applicable. Each Corporate PIES Unit Certificate evidencing, in part, the Senior Note or the Treasury Portfolio Interest delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Corporate PIES Unit Certificate shall carry the right to accrued and unpaid interest, and the right to accrue interest (and accreted and accreting principal in the case of non-interest bearing components of the Treasury Portfolio Interest), which rights were carried by the Senior Note or the Treasury Portfolio Interest, as the case may be, relating to such other Corporate PIES Unit Certificate. In the case of any Corporate PIES Unit with respect to which (1) Cash Settlement of the related Purchase Contract is effected on the fifth Business Day immediately preceding the Purchase Contract Settlement Date, (2) Early Settlement of the related Purchase Contract is effected on an Early Settlement Date, (3) Merger Early Settlement of the related Purchase Contract is effected on a Merger Early Settlement Date or (43) a Collateral Substitution is effected, in each case, on a date that is after any Record Date and on or prior to before the next succeeding Payment Date, the interest payment on the Senior Note or the Treasury Portfolio Return, as the case may be, relating to such Corporate PIES Unit otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Cash Settlement, Early Settlement, Merger Early Settlement or Collateral Substitution, as the case may be, and such payment shall, subject to receipt thereof by the Purchase Contract Agent, be payable to the Person in whose name the Corporate PIES Unit Certificate (or one or more Predecessor Corporate PIES Unit Certificates) was registered at the close of business on the corresponding Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Corporate PIES Unit with respect to which Cash Settlement, Early Settlement or Merger Early Settlement of the related Purchase Contract is effected on the fifth Business Day immediately preceding the Purchase Contract Settlement Date, or on an Early Settlement Date or on a Merger Early Settlement Date, respectively, or with respect to which a Collateral Substitution has been effected, interest payments on the related Senior Notes or the Treasury Portfolio Return, as the case may be, that would otherwise be payable after the fifth Business Day preceding the Purchase Contract Settlement Date, after the Early Settlement Date, after the Merger Early Settlement Date, or after the Collateral Substitution, respectively, shall not be payable hereunder to the Holder of such Corporate PIESUnit; PROVIDEDprovided, HOWEVERhowever, that to the extent that such Holder continues to hold the Separated Senior Note that formerly comprised a part of such Holder's Corporate PIESUnit, such Holder shall be entitled to receive the interest payments on such Separated Senior Note, as provided in the Indenture.

Appears in 1 contract

Samples: Purchase Contract Agreement (Dominion Resources Capital Trust Iv)

Interest Payments; Rights to Interest Preserved. Each Corporate PIES issued hereunder shall consist of the beneficial ownership by the Holder of one Senior Note issued pursuant to the Indenture or, if the Corporate PIES shall have been remarketed by the Remarketing Agent pursuant to the Remarketing Agreement, the Treasury Portfolio Interest, in each case, subject to the Pledge thereof by such Holder under the Pledge Agreement. An interest payment on any Senior Note which is paid on any Payment Date or the portion of the proceeds of a Treasury Portfolio Interest equal to the interest payable on a Senior Note on the Purchase Contract Settlement Date (such portion the "Treasury Portfolio Return"), as the case may beshall, subject to receipt thereof by the Purchase Contract Agent from the Collateral Agent as provided by the terms of the Pledge Agreement, shall promptly be paid to the Person in whose name the Corporate PIES Certificate (or one or more Predecessor Corporate PIES Certificates) of which such Senior Note or the Treasury Portfolio Interest, as the case may be, is a part is registered at the close of business on the Record Date for such Payment Date or Purchase Contract Settlement Date, as applicable. Each Corporate PIES Certificate evidencing, in part, evidencing the Senior Note or the Treasury Portfolio Interest delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Corporate PIES Certificate shall carry the right to accrued and unpaid interest, and the right to accrue interest (and accreted and accreting principal in the case of non-interest bearing components of the Treasury Portfolio Interest)interest, which rights were carried by the Senior Note or the Treasury Portfolio Interest, as the case may be, relating to underlying such other Corporate PIES Certificate. In the case of any Corporate PIES with respect to which (1) Cash Settlement of the related underlying Purchase Contract is effected on or prior to the fifth Business Day immediately preceding the Purchase Contract Settlement DateDate pursuant to prior notice, (2) or with respect to which Early Settlement of the related underlying Purchase Contract is effected on an Early Settlement Date, (3) Merger Early Settlement of the related Purchase Contract is effected on a Merger Early Settlement Date or (4) with respect to which a Collateral Substitution is effected, in each case, case on a date that is after any Record Date and on or prior to the next succeeding Payment Date, the interest payment on the Senior Note or the Treasury Portfolio Return, as the case may be, relating to underlying such Corporate PIES otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Cash Settlement, Early Settlement, Merger Settlement or Early Settlement or Collateral Substitution, as the case may be, and such interest payment shall, subject to receipt thereof by the Purchase Contract Agent, be payable to the Person in whose name the Corporate PIES Certificate (or one or more Predecessor Corporate PIES Certificates) was registered at the close of business on the corresponding Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Corporate PIES with respect to which Cash Settlement, Early Settlement or Merger Early Settlement of the related underlying Purchase Contract is effected on or prior to the fifth Business Day immediately preceding the Purchase Contract Settlement Date, Date or on an Early Settlement Date or on a Merger Early Settlement Date, respectivelyas the case may be, or with respect to which a Collateral Substitution has been effected, interest payments on the related Senior Notes or the Treasury Portfolio Return, as the case may be, that would otherwise be payable after the fifth Business Day preceding the Purchase Contract Settlement Date, after the Early Settlement Date, after the Merger Early Settlement Date, Date or after the Collateral Substitution, respectively, Substitution shall not be payable hereunder to the Holder of such Corporate PIES; PROVIDEDprovided, HOWEVERhowever, that to the extent that such Holder continues to hold the Separated separated Senior Note that formerly comprised a part of such Holder's Corporate PIES, such Holder shall be entitled to receive the interest payments on such Separated separated Senior Note, as provided in the Supplemental Indenture.

Appears in 1 contract

Samples: Purchase Contract Agreement (Dominion Resources Inc /Va/)

Interest Payments; Rights to Interest Preserved. Each Corporate PIES issued hereunder shall consist of the beneficial ownership by the Holder of one a 1/20th, or 5%, undivided beneficial interest in a Senior Note issued pursuant to the Indenture or, if the Corporate PIES shall have been remarketed by the Remarketing Agent Agents pursuant to the Remarketing Agreement, the Treasury Portfolio Interest, in each case, subject to the Pledge thereof by such Holder under the Pledge Agreement. An interest payment on any Senior Note which is paid on any Payment Date or the portion of the proceeds of a Treasury Portfolio Interest equal to the interest payable on a Senior Note on the Purchase Contract Settlement Date (such portion the "Treasury Portfolio Return"), as the case may be, subject Subject to receipt thereof by the Purchase Contract Agent from the Collateral Agent as provided by the terms of the Pledge Agreement, (1) an interest payment on any Senior Note which is paid on any Payment Date or (2) the portion of the proceeds of a Treasury Portfolio Interest equal to (a) the interest payable on a Senior Note on the Purchase Contract Settlement Date or (b) following a Successful Remarketing, if the Remarketing Settlement Date is not also a Payment Date, the interest payable on a Senior Note from the most recent Payment Date to, but excluding, such Remarketing Settlement Date payable on the Payment Date next following the Remarketing Settlement Date (such portion of proceeds, the "Treasury Portfolio Return"), as the case may be, shall promptly be paid to the Person in whose name the Corporate PIES Certificate (or one or more Predecessor Corporate PIES Certificates) of which such Senior Note or the Treasury Portfolio Interest, as the case may be, is a part is registered at the close of business on the Record Date for such Payment Date or Purchase Contract Settlement Date, as applicable. Each Corporate PIES Certificate evidencing, in part, the a 1/20th , or 5%, undivided beneficial interest in a Senior Note or the Treasury Portfolio Interest delivered under this Agreement upon registration of of, transfer of or in exchange for or in lieu of any other Corporate PIES Certificate shall carry the right to accrued and unpaid interest, and the right to accrue interest (and accreted and accreting principal in the case of non-interest bearing components of the Treasury Portfolio Interest), which rights were carried by the such interest in a Senior Note or the Treasury Portfolio Interest, as the case may be, relating to such other Corporate PIES Certificate. In the case of any Corporate PIES with respect to which (1) Cash Settlement of the related Purchase Contract is effected on the fifth Business Day immediately preceding the Purchase Contract Settlement Date, (2) Early Settlement of the related Purchase Contract is effected on an Early Settlement Date, (3) Merger Early Settlement of the related Purchase Contract is effected on a Merger Early Settlement Date or (4) a Collateral Substitution is effected, in each case, on a date that is after any Record Date and on or prior to the next succeeding Payment Date, the interest payment on the Senior Note or the Treasury Portfolio Return, as the case may be, relating to such Corporate PIES otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Cash Settlement, Early Settlement, Merger Early Settlement or Collateral Substitution, as the case may be, and such payment shall, subject to receipt thereof by the Purchase Contract Agent, be payable to the Person in whose name the Corporate PIES Certificate (or one or more Predecessor Corporate PIES Certificates) was registered at the close of business on the corresponding Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Corporate PIES with respect to which Cash Settlement, Early Settlement or Merger Early Settlement of the related Purchase Contract is effected on the fifth Business Day immediately preceding the Purchase Contract Settlement Date, on an Early Settlement Date or on a Merger Early Settlement Date, respectively, or with respect to which a Collateral Substitution has been effected, interest payments on the related Senior Notes or the Treasury Portfolio Return, as the case may be, that would otherwise be payable after the fifth Business Day preceding the Purchase Contract Settlement Date, after the Early Settlement Date, after the Merger Early Settlement Date, or after the Collateral Substitution, respectively, shall not be payable hereunder to the Holder of such Corporate PIES; PROVIDEDprovided, HOWEVERhowever, that to the extent that such Holder continues to hold the Separated Senior Note that formerly comprised a part of such Holder's Corporate PIES, such Holder shall be entitled to receive the interest payments on such Separated Senior Note, as provided in the Indenture.

Appears in 1 contract

Samples: Purchase Contract Agreement (Sierra Pacific Resources /Nv/)

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Interest Payments; Rights to Interest Preserved. Each Corporate PIES issued hereunder shall consist of the beneficial ownership by the Holder of one Senior Note issued pursuant to the Indenture or, if the Corporate PIES shall have been remarketed by the Remarketing Agent pursuant to the Remarketing Agreement, the Treasury Portfolio Interest, in each case, subject to the Pledge thereof by such Holder under the Pledge Agreement. An interest payment on any Senior Note which is paid on any Payment Date or the portion of the proceeds of a Treasury Portfolio Interest equal to the interest payable on a Senior Note on the Purchase Contract Settlement Date (such portion the "Treasury Portfolio Return"), as the case may beshall, subject to receipt thereof by the Purchase Contract Agent from the Collateral Agent as provided by the terms of the Pledge Agreement, shall promptly be paid to the Person in whose name the Corporate PIES Stock Purchase Unit Certificate (or one or more Predecessor Corporate PIES Stock Purchase Unit Certificates) of which such Senior Note or the Treasury Portfolio Interest, as the case may be, is a part is registered at the close of business on the Record Date for such Payment Date or Purchase Contract Settlement Date, as applicable. Each Corporate PIES Stock Purchase Unit Certificate evidencing, in part, evidencing the Senior Note or the Treasury Portfolio Interest delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Corporate PIES Stock Purchase Unit Certificate shall carry the right to accrued and unpaid interest, and the right to accrue interest (and accreted and accreting principal in the case of non-interest bearing components of the Treasury Portfolio Interest)interest, which rights were carried by the Senior Note or the Treasury Portfolio Interest, as the case may be, relating to underlying such other Corporate PIES Stock Purchase Unit Certificate. In the case of any Corporate PIES with Stock Purchase Unitswith respect to which (1) Cash Settlement of the related underlying Purchase Contract is effected on or prior to the fifth Business Day immediately preceding the Purchase Contract Settlement DateDate pursuant to prior notice, (2) or with respect to which Early Settlement of the related underlying Purchase Contract is effected on an Early Settlement Date, (3) Merger Early Settlement of the related Purchase Contract is effected on a Merger Early Settlement Date or (4) with respect to which a Collateral Substitution is effected, in each case, case on a date that is after any Record Date and on or prior to the next succeeding Payment Date, the interest payment on the Senior Note or the Treasury Portfolio Return, as the case may be, relating to underlying such Corporate PIES otherwise Stock Purchase Unitsotherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Cash Settlement, Early Settlement, Merger Settlement or Early Settlement or Collateral Substitution, as the case may be, and such interest payment shall, subject to receipt thereof by the Purchase Contract Agent, be payable to the Person in whose name the Corporate PIES Stock Purchase Unit Certificate (or one or more Predecessor Corporate PIES Stock Purchase Unit Certificates) was registered at the close of business on the corresponding Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Corporate PIES with Stock Purchase Unitswith respect to which Cash Settlement, Early Settlement or Merger Early Settlement of the related underlying Purchase Contract is effected on or prior to the fifth Business Day immediately preceding the Purchase Contract Settlement Date, Date or on an Early Settlement Date or on a Merger Early Settlement Date, respectivelyas the case may be, or with respect to which a Collateral Substitution has been effected, interest payments on the related Senior Notes or the Treasury Portfolio Return, as the case may be, that would otherwise be payable after the fifth Business Day preceding the Purchase Contract Settlement Date, after the Early Settlement Date, after the Merger Early Settlement Date, Date or after the Collateral Substitution, respectively, Substitution shall not be payable hereunder to the Holder of such Corporate PIESStock Purchase Units; PROVIDEDprovided, HOWEVERhowever, that to the extent that such Holder continues to hold the Separated separated Senior Note that formerly comprised a part of such Holder's Corporate PIESStock Purchase Units, such Holder shall be entitled to receive the interest payments on such Separated separated Senior Note, as provided in the Supplemental Indenture.

Appears in 1 contract

Samples: Purchase Contract Agreement (Dominion Resources Capital Trust Iv)

Interest Payments; Rights to Interest Preserved. Each Corporate PIES issued hereunder shall consist of the beneficial ownership by the Holder of one a 1/20th, or 5%, undivided beneficial interest in a Senior Note issued pursuant to the Indenture or, if the Corporate PIES shall have been remarketed by the Remarketing Agent Agents pursuant to the Remarketing Agreement, the Treasury Portfolio Interest, in each case, subject to the Pledge thereof by such Holder under the Pledge Agreement. An interest payment on any Senior Note which is paid on any Payment Date or the portion of the proceeds of a Treasury Portfolio Interest equal to the interest payable on a Senior Note on the Purchase Contract Settlement Date (such portion the "Treasury Portfolio Return"), as the case may be, subject Subject to receipt thereof by the Purchase Contract Agent from the Collateral Agent as provided by the terms of the Pledge Agreement, (1) an interest payment on any Senior Note which is paid on any Payment Date or (2) the portion of the proceeds of a Treasury Portfolio Interest equal to (a) the interest payable on a Senior Note on the Purchase Contract Settlement Date or (b) following a Successful Remarketing, if the Remarketing Settlement Date is not also a Payment Date, the interest payable on a Senior Note from the most recent Payment Date to, but excluding, such Remarketing Settlement Date payable on the Payment Date next following the Remarketing Settlement Date (such portion of proceeds, the "Treasury Portfolio Return"), as the case may be, shall promptly be paid to the Person in whose name the Corporate PIES Certificate (or one or more Predecessor Corporate PIES Certificates) of which such Senior Note or the Treasury Portfolio Interest, as the case may be, is a part is registered at the close of business on the Record Date for such Payment Date or Purchase Contract Settlement Date, as applicable. Each Corporate PIES Certificate evidencing, in part, the a 1/20th, or 5%, undivided beneficial interest in a Senior Note or the Treasury Portfolio Interest delivered under this Agreement upon registration of of, transfer of or in exchange for or in lieu of any other Corporate PIES Certificate shall carry the right to accrued and unpaid interest, and the right to accrue interest (and accreted and accreting principal in the case of non-interest bearing components of the Treasury Portfolio Interest), which rights were carried by the such interest in a Senior Note or the Treasury Portfolio Interest, as the case may be, relating to such other Corporate PIES Certificate. In the case of any Corporate PIES with respect to which (1) Cash Settlement of the related Purchase Contract is effected on the fifth Business Day immediately preceding the Purchase Contract Settlement Date, (2) Early Settlement of the related Purchase Contract is effected on an Early Settlement Date, (3) Merger Early Settlement of the related Purchase Contract is effected on a Merger Early Settlement Date or (4) a Collateral Substitution is effected, in each case, on a date that is after any Record Date and on or prior to the next succeeding Payment Date, the interest payment on the Senior Note or the Treasury Portfolio Return, as the case may be, relating to such Corporate PIES otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Cash Settlement, Early Settlement, Merger Early Settlement or Collateral Substitution, as the case may be, and such payment shall, subject to receipt thereof by the Purchase Contract Agent, be payable to the Person in whose name the Corporate PIES Certificate (or one or more Predecessor Corporate PIES Certificates) was registered at the close of business on the corresponding Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Corporate PIES with respect to which Cash Settlement, Early Settlement or Merger Early Settlement of the related Purchase Contract is effected on the fifth Business Day immediately preceding the Purchase Contract Settlement Date, on an Early Settlement Date or on a Merger Early Settlement Date, respectively, or with respect to which a Collateral Substitution has been effected, interest payments on the related Senior Notes or the Treasury Portfolio Return, as the case may be, that would otherwise be payable after the fifth Business Day preceding the Purchase Contract Settlement Date, after the Early Settlement Date, after the Merger Early Settlement Date, or after the Collateral Substitution, respectively, shall not be payable hereunder to the Holder of such Corporate PIES; PROVIDEDprovided, HOWEVERhowever, that to the extent that such Holder continues to hold the Separated Senior Note that formerly comprised a part of such Holder's Corporate PIES, such Holder shall be entitled to receive the interest payments on such Separated Senior Note, as provided in the Indenture.

Appears in 1 contract

Samples: Purchase Contract Agreement (Sierra Pacific Resources /Nv/)

Interest Payments; Rights to Interest Preserved. Each Corporate PIES issued hereunder shall consist of the beneficial ownership by the Holder of one Senior Note issued pursuant to the Indenture or, if the Corporate PIES shall have been remarketed by the Remarketing Agent pursuant to the Remarketing Agreement, the Treasury Portfolio Interest, in each case, subject to the Pledge thereof by such Holder under the Pledge Agreement. An interest payment on any Senior Note which is paid on any Payment Date or the portion of the proceeds of a Treasury Portfolio Interest equal to the interest payable on a Senior Note on the Purchase Contract Settlement Date (such portion the "Treasury Portfolio Return"), as the case may beshall, subject to receipt thereof by the Purchase Contract Agent from the Collateral Agent as provided by the terms of the Pledge Agreement, shall promptly be paid to the Person in whose name the Corporate PIES Certificate (or one or more Predecessor Corporate PIES Certificates) of which such Senior Note or the Treasury Portfolio Interest, as the case may be, is a part is registered at the close of business on the Record Date for such Payment Date or Purchase Contract Settlement Date, as applicable. Each Corporate PIES Certificate evidencing, in part, evidencing the Senior Note or the Treasury Portfolio Interest delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Corporate PIES Certificate shall carry the right to accrued and unpaid interest, and the right to accrue interest (and accreted and accreting principal in the case of non-interest bearing components of the Treasury Portfolio Interest)interest, which rights were carried by the Senior Note or the Treasury Portfolio Interest, as the case may be, relating to underlying such other Corporate PIES Certificate. In the case of any Corporate PIES with respect to which (1) Cash Settlement of the related underlying Purchase Contract is effected on or prior to the fifth Business Day immediately preceding the Purchase Contract Settlement DateDate pursuant to prior notice, (2) or with respect to which Early Settlement of the related underlying Purchase Contract is effected on an Early Settlement Date, (3) Merger Early Settlement of the related Purchase Contract is effected on a Merger Early Settlement Date or (4) with respect to which a Collateral Substitution is effected, in each case, case on a date that is after any Record Date and on or prior to the next succeeding Payment Date, the interest payment on the Senior Note or the Treasury Portfolio Return, as the case may be, relating to underlying such Corporate PIES otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Cash Settlement, Early Settlement, Merger Settlement or Early Settlement or Collateral Substitution, as the case may be, and such interest payment shall, subject to receipt thereof by the Purchase Contract Agent, be payable to the Person in whose name the Corporate PIES Certificate (or one or more Predecessor Corporate PIES Certificates) was registered at the close of business on the corresponding Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Corporate PIES with respect to which Cash Settlement, Early Settlement or Merger Early Settlement of the related underlying Purchase Contract is effected on or prior to the fifth Business Day immediately preceding the Purchase Contract Settlement Date, on an Early Settlement Date or on a Merger an Early Settlement Date, respectivelyas the case may be, or with respect to which a Collateral Substitution has been effected, interest payments on the related Senior Notes or the Treasury Portfolio Return, as the case may be, that would otherwise be payable after the fifth Business Day preceding the Purchase Contract Settlement Date, after the Date or Early Settlement Date, after the Merger Early Settlement Date, or after the Collateral Substitution, respectively, Date shall not be payable hereunder to the Holder of such Corporate PIES; PROVIDEDprovided, HOWEVERhowever, that to the extent that such Holder continues to hold the Separated separated Senior Note that formerly comprised a part of such Holder's Corporate PIES, such Holder shall be entitled to receive the interest payments on such Separated separated Senior Note, as provided in the Supplemental Indenture.

Appears in 1 contract

Samples: Purchase Contract Agreement (Dominion Resources Inc /Va/)

Interest Payments; Rights to Interest Preserved. Each Corporate PIES Unit issued hereunder shall consist of the beneficial ownership by the Holder of one Senior Note issued pursuant to the Indenture or, if the Corporate PIES Remarketing Senior Notes shall have been remarketed by the Remarketing Agent pursuant to the Remarketing AgreementAgreement or if a Tax Event Redemption has occurred before the Purchase Contract Settlement Date, the Treasury Portfolio Interest, in each case, subject to the Pledge thereof by such Holder under the Pledge Agreement. An interest payment on any Senior Note which is paid on any Payment Date or the portion of the proceeds of a Treasury Portfolio Interest equal to the interest payable on a Senior Note on the Purchase Contract Settlement Date (such portion the "Treasury Portfolio Return"), as the case may be, subject to receipt thereof by the Purchase Contract Agent from the Collateral Agent as provided by the terms of the Pledge Agreement, shall promptly be paid to the Person in whose name the Corporate PIES Unit Certificate (or one or more Predecessor Corporate PIES Unit Certificates) of which such Senior Note or the Treasury Portfolio Interest, as the case may be, is a part is registered at the close of business on the Record Date for such Payment Date or Purchase Contract Settlement Date, as applicable. Each Corporate PIES Unit Certificate evidencing, in part, the Senior Note or the Treasury Portfolio Interest delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Corporate PIES Unit Certificate shall carry the right to accrued and unpaid interest, and the right to accrue interest (and accreted and accreting principal in the case of non-interest bearing components of the Treasury Portfolio Interest), which rights were carried by the Senior Note or the Treasury Portfolio Interest, as the case may be, relating to such other Corporate PIES Unit Certificate. In the case of any Corporate PIES Unit with respect to which (1) Cash Settlement of the related Purchase Contract is effected on the fifth Business Day immediately preceding the Purchase Contract Settlement Date, (2) Early Settlement of the related Purchase Contract is effected on an Early Settlement Date, (3) Merger Early Settlement of the related Purchase Contract is effected on a Merger Early Settlement Date or (43) a Collateral Substitution is effected, in each case, on a date that is after any Record Date and on or prior to the next succeeding Payment Date, the interest payment on the Senior Note or the Treasury Portfolio Return, as the case may be, relating to such Corporate PIES Unit otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Cash Settlement, Early Settlement, Merger Early Settlement or Collateral Substitution, as the case may be, and such payment shall, subject to receipt thereof by the Purchase Contract Agent, be payable to the Person in whose name the Corporate PIES Unit Certificate (or one or more Predecessor Corporate PIES Unit Certificates) was registered at the close of business on the corresponding Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Corporate PIES Unit with respect to which Cash Settlement, Early Settlement or Merger Early Settlement of the related Purchase Contract is effected on the fifth Business Day immediately preceding the Purchase Contract Settlement Date, or on an Early Settlement Date or on a Merger Early Settlement Date, respectively, or with respect to which a Collateral Substitution has been effected, interest payments on the related Senior Notes or the Treasury Portfolio Return, as the case may be, that would otherwise be payable after the fifth Business Day preceding the Purchase Contract Settlement Date, after the Early Settlement Date, after the Merger Early Settlement Date, or after the Collateral Substitution, respectively, shall not be payable hereunder to the Holder of such Corporate PIESUnit; PROVIDEDprovided, HOWEVERhowever, that to the extent that such Holder continues to hold the Separated Senior Note that formerly comprised a part of such Holder's Corporate PIESUnit, such Holder shall be entitled to receive the interest payments on such Separated Senior Note, as provided in the Indenture.

Appears in 1 contract

Samples: Purchase Contract Agreement (Dominion Resources Inc /Va/)

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