Liquidated Damages Notice. In the event that the Issuer is required to pay Liquidated Damages to holders of Notes pursuant to the Registration Rights Agreement, the Issuer will provide written notice (“Liquidated Damages Notice”) to the Trustee of its obligation to pay Liquidated Damages no later than five days prior to the proposed payment date for the Liquidated Damages, and the Liquidated Damages Notice shall set forth the amount of Liquidated Damages to be paid by the Issuer on such payment date. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine the Liquidated Damages, or with respect to the nature, extent, or calculation of the amount of Liquidated Damages owed, or with respect to the method employed in such calculation of the Liquidated Damages. ARTICLE FIVE SUCCESSOR CORPORATION
Appears in 4 contracts
Samples: Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP)
Liquidated Damages Notice. In the event that the Issuer Company is required to pay Liquidated Damages to holders of Notes pursuant to the Registration Rights Agreement, the Issuer Company will provide written notice (“Liquidated Damages Notice”) to the Trustee of its obligation to pay Liquidated Damages no later than five days prior to the proposed payment date for the Liquidated Damages, and the Liquidated Damages Notice shall will set forth the amount of Liquidated Damages to be paid by the Issuer Company on such payment date. The Trustee shall will not at any time be under any duty or responsibility to any Holder holder of Notes to determine the Liquidated Damages, or with respect to the nature, extent, or calculation of the amount of Liquidated Damages owed, or with respect to the method employed in such calculation of the Liquidated Damages. ARTICLE FIVE SUCCESSOR CORPORATION.
Appears in 2 contracts
Samples: Supplemental Indenture (Xm Satellite Radio Holdings Inc), Supplemental Indenture (Xm Satellite Radio Holdings Inc)
Liquidated Damages Notice. In the event that the Issuer is required to pay Liquidated Damages to holders of Notes pursuant to the Registration Rights Agreement, the Issuer will provide written notice (“Liquidated Damages Notice”) to the Trustee of its obligation to pay Liquidated Damages no later than five days prior to the proposed payment date for the Liquidated Damages, and the Liquidated Damages Notice shall set forth the amount of Liquidated Damages to be paid by the Issuer on such payment date. The Trustee shall not at any time be under any duty or responsibility to any Holder to determine the Liquidated Damages, or with respect to the nature, extent, or calculation of the amount of Liquidated Damages owed, or with respect to the method employed in such calculation of the Liquidated Damages. ARTICLE FIVE SUCCESSOR CORPORATION.
Appears in 1 contract
Samples: Indenture (Meritage Homes CORP)
Liquidated Damages Notice. In the event that the Issuer is required to pay Liquidated Damages to holders of Notes Holders pursuant to the Registration Rights Agreement, the Issuer will provide written notice (“Liquidated Damages Notice”) to the Trustee of its obligation to pay Liquidated Damages no later than five days prior to the proposed payment date for the Liquidated Damages, and the Liquidated Damages Notice shall set forth the amount of Liquidated Damages to be paid by the Issuer on such payment date. The Trustee shall not at any time be under any duty or responsibility to any Holder holder of Notes to determine the Liquidated Damages, or with respect to the nature, extent, or calculation of the amount of Liquidated Damages owed, or with respect to the method employed in such calculation of the Liquidated Damages. ARTICLE FIVE SUCCESSOR CORPORATION.
Appears in 1 contract
Samples: Indenture (Leslie's, Inc.)
Liquidated Damages Notice. In the event that the Issuer Company is required to pay Liquidated Damages to holders of Notes Securities pursuant to the Registration Rights Agreement, the Issuer Company will provide written notice (“"Liquidated Damages Notice”") to the Trustee of its obligation to pay Liquidated Damages no later than five fifteen days prior to the proposed payment date for the Liquidated Damages, and the Liquidated Damages Notice shall set forth the amount of Liquidated Damages to be paid by the Issuer Company on such payment date. The Trustee shall not at any time be under any duty or responsibility to any Holder holder of Securities to determine the Liquidated Damages, or with respect to the nature, extent, extent or calculation of the amount of Liquidated Damages owedwhen made, or with respect to the method employed in such calculation of the Liquidated Damages. ARTICLE FIVE SUCCESSOR CORPORATION5
Appears in 1 contract
Samples: Brinker International Inc