Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders entitled thereto a sum sufficient to pay the principal, premium, if any, or interest so becoming due until such sums shall be paid to such persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. If the Company is not acting as Paying Agent, the Company will, on or before each due date of the principal of, premium, if any, or interest on, any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will agree with the Trustee, subject to the provisions of this Section 10.03, that such Paying Agent will:
Appears in 17 contracts
Samples: Indenture (Wam Net Inc), Indenture (Saks Inc), Indenture (Verio Inc)
Money for Note Payments to Be Held in Trust. If the Company Obligor shall at any time act as its own Paying Agent, it will, on or before each due date of the principal ofprincipal, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders entitled thereto of the Notes a sum sufficient to pay the such principal, premium, if any, premium or interest so becoming due until such sums shall be paid to such persons Holders of the Notes or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as Obligor shall have one or more Paying AgentAgents, the Company it will, on or before prior to each due date of the principal ofprincipal, premium, if any, or interest oninterest, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the such principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders of the Notes entitled to such principal, premium or interest, the same and (unless such Paying Agent is the Trustee) the Company Obligor will promptly notify the Trustee of such its action or any failure so to act. If the Company is not acting as Paying Agent, the Company The Obligor will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 6 contracts
Samples: Alpine Group Inc /De/, Bottling Group LLC, Bottling Group LLC
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it willshall, on or before each due date of the principal of, of (and premium, if any, on) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will shall promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents for the Notes, the Company willit shall, on or before each due date of the principal of, of (and premium, if any, on), or interest on, any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee of such action or any failure so to act. If the The Company is not acting as Paying Agent, the Company will shall cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 5 contracts
Samples: Indenture (Fleming Companies Inc /Ok/), Fleming Companies Inc /Ok/, Xerox Corp
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal of (or premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents for the Notes, the Company it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 5 contracts
Samples: Execution Copy (Burke Flooring Products Inc), Indenture (Extendicare Health Services Inc), Burke Industries Inc /Ca/
Money for Note Payments to Be Held in Trust. If the Company or any of its Affiliates shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders entitled thereto a sum sufficient to pay the principal, premium, if any, or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. If the Company or any of its Affiliates is not acting as Paying Agent, the Company will, on or before each due date of the principal of, premium, if any, or interest on, any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will agree with the Trustee, subject to the provisions of this Section 10.03, that such Paying Agent will:
Appears in 3 contracts
Samples: Indenture (Best Built Inc), Pentacon Industrial Group Inc, Gillette Dairy of the Black Hills Inc
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (and premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders persons entitled thereto a sum sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to actaction. If Whenever the Company is not acting as shall have one or more Paying Agent, the Company willAgents, on or before prior to each due date of the principal of, of (and premium, if any, ) or interest on, on any Notes, it will deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principalprincipal (and premium, premium if any) or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such its action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 3 contracts
Samples: Indenture (PDS Financial Corp), Indenture (PDS Financial Corp), Indenture (PDS Financial Corp)
Money for Note Payments to Be Held in Trust. If the Company Issuers shall at any time act as its their own Paying Agent, it they will, on or before each due date of the principal of, of (or premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal of (or premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure to so to act. If Whenever the Company is not acting as Issuers shall have one or more Paying AgentAgents for the Notes, the Company they will, on or before each due date of the principal of, of (or premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds (or New York Clearing House funds if such deposit is made prior to the date on which such deposit is required to be made) that shall be available to the Trustee by 10:00 a.m. Eastern Standard Time on such due date sufficient to pay the principal, premiumprincipal (and premium and Liquidated Damages, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company Issuers will promptly notify the Trustee of such action or any failure to so to act. If the Company is not acting as Paying Agent, the Company The Issuers will cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 3 contracts
Samples: Indenture (Mediacom LLC), Indenture (Mediacom Communications Corp), Mediacom LLC
Money for Note Payments to Be Held in Trust. If the Company Issuers shall at any time act as its their own Paying Agent, it they will, on or before each due date of the principal of, of (or premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal of (or premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its their action or failure to so to act. If Whenever the Company is not acting as Issuers shall have one or more Paying AgentAgents for the Notes, the Company they will, on or before each due date of the principal of, of (or premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds (or New York Clearing House funds if such deposit is made prior to the date on which such deposit is required to be made) that shall be available to the Trustee by 10:00 a.m. Eastern Standard Time on such due date sufficient to pay the principal, principal (and premium, if any, ) or interest (and Additional Interest, if any) so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company Issuers will promptly notify the Trustee of such action or any failure to so to act. If the Company is not acting as Paying Agent, the Company The Issuers will cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 3 contracts
Samples: Mediacom Broadband (Mediacom Broadband Corp), Mediacom Broadband (Mediacom Broadband Corp), Mediacom Broadband Corp
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal of (or premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents for the Notes, the Company it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent (other than the Trustee Company or the Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 3 contracts
Samples: Indenture (Teligent Inc), Indenture (Teligent Inc), Teligent Inc
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it willshall, on or before each due date of the principal of, of (or premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal of (or premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will shall promptly notify the Trustee in writing of its action or failure to so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents for the Notes, the Company willit shall, on or before each due date of the principal of, of (or premium, if any, ) or interest on, on any Notes, deposit with a any Paying Agent a sum in same day funds (or New York Clearing House funds if such deposit is made prior to the date on which such deposit is required to be made) that shall be available to the Trustee by 10:00 a.m. New York City time on such due date sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee in writing of such action or any failure to so to act. If the The Company is not acting as Paying Agent, the Company will shall cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent willshall:
Appears in 3 contracts
Samples: Indenture (Earth Products, Inc.), Tango of Arundel, Inc., Quiksilver Inc
Money for Note Payments to Be Held in Trust. If the Company or any Affiliate of the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, Principal of or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, premium, if any, Principal or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents, the Company it will, on or before each due date of the principal of, premium, if any, Principal of or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, Principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium Principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such its action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 3 contracts
Samples: Indenture (Iat Multimedia Inc), KDW Draft (Westbridge Capital Corp), Indenture (Iat Multimedia Inc)
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Principal Paying Agent, it will, on or before each due date of the principal of, of (and premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Principal Paying AgentAgents, the Company it will, on or before prior to each due date of the principal of, of (and premium, if any, ) or interest on, on any Notes, deposit with a Principal Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Principal Paying Agent is the Trustee) the Company will promptly notify the Trustee of such its action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Principal Paying Agent other than the Trustee and Deutsche Bank AG, London Branch to execute and deliver to the Trustee an instrument in which such Principal Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Principal Paying Agent will:
Appears in 2 contracts
Samples: Indenture (Stena Ab), Indenture (Stena Ab)
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principalprincipal of, premium, if any, or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will shall promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents for the Notes, the Company willit shall, on or before each due date of the principal of, premium, if any, or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the The Company is not acting as Paying Agent, the Company will shall cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent willshall:
Appears in 2 contracts
Samples: Indenture (Euronet Services Inc), Indenture (Euronet Services Inc)
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (and premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents, the Company it will, on or before prior to each due date of the principal of, of (and premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such its action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 2 contracts
Samples: Signature Resorts Inc, Signature Resorts Inc
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, premium, if any, principal or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents, the Company it will, on or before prior to each due date of the principal of, premium, if any, or interest on, on any of the Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such its action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 2 contracts
Samples: Collateral Agent Agreement (Arch Wireless Inc), Collateral Agent Agreement (Arch Wireless Inc)
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (and premium, if any, ) or interest and Additional Amounts on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a 38 sum sufficient to pay the principal, principal (and premium, if any, ) or interest and Additional Amounts so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents, the Company it will, on or before prior to each due date of the principal of, of (and premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such its action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 2 contracts
Samples: Grupo TMM Sa, TMM Holdings
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (and premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders persons entitled thereto a sum sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to actaction. If Whenever the Company is not acting as shall have one or more Paying Agent, the Company willAgents, on or before prior to each due date of the principal of, of (and premium, if any, ) or interest on, on any Notes, it will deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principalprincipal (and premium, premium if any) or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such its action or any failure so to act. If the Company is not acting as Paying Agent, the -63- Indenture The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 2 contracts
Samples: Article Eleven Mandatory (PDS Financial Corp), Article Eleven Mandatory (PDS Gaming Corp)
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it willshall, on or before each due date of the principal of, of (or premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal of (or premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will shall promptly notify the Trustee in writing of its action or failure to so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents for the Notes, the Company willit shall, on or before each due date of the principal of, of (or premium, if any, ) or interest on, on any Notes, deposit with a any Paying Agent a sum in same day funds (or New York Clearing House funds (or such other funds as may be acceptable to the Paying Agent) if such deposit is made prior to the date on which such deposit is required to be made) that shall be available to the Trustee by 10:00 a.m. New York City time on such due date sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee in writing of such action or any failure to so to act. If the The Company is not acting as Paying Agent, the Company will shall cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.033.17, that such Paying Agent willshall:
Appears in 2 contracts
Samples: Cimarex Energy Co, Columbus Energy Corp
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders entitled thereto a sum sufficient to pay the principal, premium, if any, or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. If the Company is not acting as Paying Agent, the Company will, on or before each due date of the principal of, premium, if any, or interest on, any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium premium, if any, or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will agree with the Trustee, subject to the provisions of this Section 10.03, that such Paying Agent will:
Appears in 2 contracts
Samples: Indenture (Saks Inc), Saks Inc
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders entitled thereto a sum sufficient to pay the principal, premium, if any, or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. If the Company is not acting as Paying Agent, the Company will, on or before each due date of the principal of, premium, if any, or interest on, any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will agree with the Trustee, subject to the provisions of this Section 10.035.3, that such Paying Agent will:
Appears in 2 contracts
Samples: Indenture (RCN Corp /De/), Indenture (RCN Corp /De/)
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders entitled thereto a sum sufficient to pay the principal, premium, if any, or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. If the Company is not acting as Paying Agent, the Company will, on or before each due date of the principal of, premium, if any, or interest on, any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will agree with the Trustee, subject to the provisions of this Section 10.03, that such Paying Agent will:
Appears in 2 contracts
Samples: Indenture (Rhythms Net Connections Inc), Rhythms Net Connections Inc
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, of or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents, the Company it will, on or before prior to each due date of the principal of, of (and premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such its action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 2 contracts
Samples: Phillips Van Heusen Corp /De/, Phillips Van Heusen Corp /De/
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum slim sufficient to pay the principalprincipal of, premium, if any, or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents for the Notes, the Company it will, on or before each due date of the principal of, of (and premium, if any, on), or interest on, any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principalprincipal of, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 2 contracts
Samples: Indenture (Tembec Industries Inc), Indenture (Tembec Industries Inc)
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it the Company will, on or before each due date of the principal of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders entitled thereto a sum sufficient to pay the principal, premium, if any, or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. If the Company is not acting as Paying Agent, the Company will, on or before each due date of the principal of, premium, if any, or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03, that such Paying Agent will:
Appears in 2 contracts
Samples: Gsi Group Inc, Freedom Chemical Co
Money for Note Payments to Be Held in Trust. If the Company Issuers shall at any time act as its their own Paying Agent, it they will, on or before each due date of the principal of, of (or premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal of (or premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its their action or failure to so to act. If Whenever the Company is not acting as Issuers shall have one or more Paying AgentAgents for the Notes, the Company they will, on or before each due date of the principal of, of (or premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds (or New York Clearing House funds if such deposit is made prior to the date on which such deposit is required to be made) that shall be available to the Trustee by 10:00 a.m. New York City Time on such due date sufficient to pay the principal, principal (and premium, if any, ) or interest (and Additional Interest, if any) so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company Issuers will promptly notify the Trustee of such action or any failure to so to act. If the Company is not acting as Paying Agent, the Company The Issuers will cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 2 contracts
Samples: Mediacom Capital Corp, Mediacom Communications Corp
Money for Note Payments to Be Held in Trust. If the Company shall at any time also act as its own Paying Agent, it will, on or before each due date of the principal of, of (and premium, if any, ) or interest on on, any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If the The Company is not acting as Paying Agent, the Company willshall, on or before each due date of the principal of, of (and premium, if any, ) or interest on, any of the Senior Notes, deposit with a its Paying Agent or Paying Agents, as the case may be, a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such its action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.033.03, that such Paying Agent will:
Appears in 2 contracts
Samples: Household International Netherlands Bv, Household International Netherlands Bv
Money for Note Payments to Be Held in Trust. If the Company or any of its Affiliates shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders entitled thereto a sum sufficient to pay the principal, premium, if any, or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. If the Company or any of its Affiliates is not acting as Paying Agent, the Company will, on or before each due date of the principal of, premium, if any, or interest on, on any of the Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure to so to act. If the Company is not acting as Paying Agent, the Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 2 contracts
Money for Note Payments to Be Held in Trust. If the Company Issuer shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal of (or premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee in writing of its action or failure to so to act. If Whenever the Company is not acting as Issuer shall have one or more Paying AgentAgents for the Notes, the Company it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on, on any Notes, deposit with a any Paying Agent a sum in same day funds (or New York Clearing House funds if such deposit is made prior to the date on which such deposit is required to be made) that shall be available to the Trustee by 10:00 a.m. New York City time on such due date sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company Issuer will promptly notify the Trustee in writing of such action or any failure to so to act. If the Company is not acting as Paying Agent, the Company The Issuer will cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 1 contract
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders entitled thereto a sum sufficient to pay the principal, premium, if any, or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. If the Company is not acting as Paying Agent, the Company will, prior to 11:00 a.m. New York City time, on or before each due date of the principal of, premium, if any, or interest on, any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will agree with the Trustee, subject to the provisions of this Section 10.03, that such Paying Agent will:
Appears in 1 contract
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (and premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders persons entitled thereto a sum sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee in writing of its action or failure so to actaction. If Whenever the Company is not acting as shall have one or more Paying Agent, the Company willAgents, on or before prior to each due date of the principal of, of (and premium, if any, ) or interest on, on any Notes, it will deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principalprincipal (and premium, premium if any) or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such its action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 1 contract
Samples: Indenture (Onyx Acceptance Corp)
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it willshall, on or before each due date of the principal of, of (or premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal of (or premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will shall promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents for the Notes, the Company willit 59 shall, on or before each due date of the principal of, of (or premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee of such action or any failure so to act. If the The Company is not acting as Paying Agent, the Company will shall cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.031003, that such Paying Agent willshall:
Appears in 1 contract
Samples: Indenture (World Access Inc /New/)
Money for Note Payments to Be Held in Trust. If the Company or any of its Affiliates shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, or cash interest on any of the Notes, segregate and hold in trust for the benefit of the Holders entitled thereto a sum sufficient to pay the principal, premium, if any, or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. -66- If the Company or any of its Affiliates is not acting as Paying Agent, the Company will, on or before each due date of the principal of, premium, if any, or cash interest on, any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will agree with the Trustee, subject to the provisions of this Section 10.03, that such Paying Agent will:
Appears in 1 contract
Samples: Indenture (Atrium Corp)
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal of (or premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee in writing of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents for the Notes, the Company it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of such action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 1 contract
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders entitled thereto a sum sufficient to pay the principal, premium, if any, or interest so becoming due until such sums shall be paid to such persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. If the Company is not acting as Paying Agent, the Company will, on or before each due date of the principal of, premium, if any, or interest on, any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the Company will cause each Paying Agent other than the Trustee to 95 -87- execute and deliver to the Trustee an instrument in which such Paying Agent will agree with the Trustee, subject to the provisions of this Section 10.03, that such Paying Agent will:
Appears in 1 contract
Samples: Verio Inc
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (and premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents, the Company it will, on or before prior to each due date of the principal of, of (and premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will will, promptly notify the Trustee of such its action or any failure so to act. If the The Company is not acting as Paying Agentwill, the Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 1 contract
Samples: Indenture (Big 5 Holdings Corp)
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (and premium, if any, ) or interest on any of the Notessecurities, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents, the Company it will, on or before prior to each due date of the principal of, of (and premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such its action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 1 contract
Samples: Signature Resorts Inc
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal of (or premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents for the Notes, the Company it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in 107 trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 1 contract
Samples: Jorgensen Earle M Co /De/
Money for Note Payments to Be Held in Trust. If the Company or any of its Affiliates shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders entitled thereto a sum sufficient to pay the principal, premium, if any, or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. If the Company or any of its Affiliates is not acting as Paying Agent, the Company will, on or before each due date of the principal of, premium, if any, or interest on, on any of the Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure to so to act. - 89 - If the Company is not acting as Paying Agent, the Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 1 contract
Samples: Bally Total Fitness Holding Corp
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal of (or premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents for the Notes, the Company it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee of such action or any failure so to act. If the The Company is not acting as Paying Agent, the Company will shall cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 1 contract
Samples: Ameristeel Corp
Money for Note Payments to Be Held in Trust. 60 If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum slim sufficient to pay the principalprincipal of, premium, if any, or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents for the Notes, the Company it will, on or before each due date of the principal of, of (and premium, if any, on), or interest on, any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principalprincipal of, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 1 contract
Samples: Tembec Industries Inc
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (and premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents, the Company it will, on or before prior to each due date of the principal of, of (and premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such its action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent other than the Trustee and Deutsche Bank AG, London Branch to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03, that such Paying Agent will:
Appears in 1 contract
Samples: Indenture (Stena Ab)
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, or of interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee in writing of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents, the Company it will, on or before prior to each due date of the principal of, of (and premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of such its action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 1 contract
Samples: Loews Cineplex Entertainment Corp
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due payment date of the principal of, of (and premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto to such payment a sum sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due until such sums shall be he paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If act Whenever the Company is not acting as shall have one or more Paying AgentAgents, the Company it will, on or before prior to each due payment date of the principal of, of (and premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming duesuch amount, such sum to be held in trust for as provided by the benefit of the Holders entitled to such principal, premium or interestTrust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such its action or any failure so to act. If Principal and interest shall be considered paid on the date due if on such date the Trustee or Paying Agent (other than the Company is not acting as or an Affiliate of the Company) holds in accordance with this Indenture U.S. Dollars designated for and sufficient to pay all principal and interest then due and the Trustee or the Paying Agent, as the case may be, is not prohibited from paying such money to the Holders on that date pursuant to the terms of this Indenture. The Company will cause each Paying Agent Agent, other than the Trustee Trustee, to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.039.18, that such Paying Agent will:
Appears in 1 contract
Samples: Edenor
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal of (or premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee in writing of its action or failure to so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents for the Notes, the Company it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on, on any Notes, deposit with a any Paying Agent a sum in same day funds (or New York Clearing House funds if such deposit is made prior to the date on which such deposit is required to be made) that shall be available to the Trustee by 10:00 a.m. New York City time on such due date sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of such action or any failure to so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 1 contract
Samples: Tower Automotive Inc
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal of (or premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents for the Notes, the Company it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.031003, that such Paying Agent will:
Appears in 1 contract
Samples: Indenture (Cd Radio Inc)
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it the Company will, on or before each due date of the principal of, or premium, if any, or interest on on, any of the Notes, segregate and hold in trust for the benefit of the Holders entitled thereto a sum sufficient to pay the principal, premium, if any, or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. If the Company is not acting as Paying Agent, the Company will, on or before each due date of the principal of, or premium, if any, or interest on, any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section10.03, that such Paying Agent will:
Appears in 1 contract
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, premium, if any, or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and the Company will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents, the Company it will, no later than the opening of business on or before each due date of the principal of, premium, if any, or interest on, on any Notes, deposit with a Paying Agent the Trustee a sum in same day funds immediately payable on the payment date sufficient to pay the principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium premium, if any, or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 1 contract
Samples: Indenture (American Greetings Corp)
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it the Company will, on or before each due date of the principal of, or premium, if any, or interest on on, any of the Notes, segregate and hold in trust for the benefit of the Holders entitled thereto a sum sufficient to pay the principal, premium, if any, or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. If the Company is not acting as Paying Agent, the Company will, on or before each due date of the principal of, or premium, if any, or interest on, any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03, that such Paying Agent will:
Appears in 1 contract
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due payment date of the principal of, of (and premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto to such payment a sum sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due until such sums shall be he paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If act Whenever the Company is not acting as shall have one or more Paying AgentAgents, the Company it will, on or before prior to each due payment date of the principal of, of (and premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming duesuch amount, such sum to be held in trust for as provided by the benefit of the Holders entitled to such principal, premium or interestTrust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such its action or any failure so to act. If Principal and interest shall be considered paid on the date due if on such date the Trustee or Paying Agent (other than the Company is not acting as or an Affiliate of the Company) holds in accordance with this Indenture U.S. Dollars designated for and sufficient to pay all principal and interest then due and the Trustee or the Paying Agent, as the case may be, is not prohibited from paying such money to the Holders on that date pursuant to the terms of this Indenture. The Company will cause each Paying Agent Agent, other than the Trustee Trustee, to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.039.21, that such Paying Agent will:
Appears in 1 contract
Samples: Indenture (Edenor)
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it willshall, on or before each due date of the principal of, of (or premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal of (or premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will shall promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents for the Notes, the Company willit shall, on or before each due date of the principal of, of (or premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee of such action or any failure so to act. If the The Company is not acting as Paying Agent, the Company will shall cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.031003, that such Paying Agent willshall:
Appears in 1 contract
Samples: Indenture (World Access Inc /New/)
Money for Note Payments to Be Held in Trust. If the Company Holdings shall at any time act as its own Paying Agent, it will, on or before each due date of the principal Accreted Value of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders entitled thereto a sum sufficient to pay the principalAccreted Value , premium, if any, or interest so becoming due until such sums shall be paid to such persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. If the Company Holdings is not acting as Paying Agent, the Company Holdings will, on or before each due date of the principal Accreted Value of, premium, if any, or interest on, any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principalAccreted Value, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company Holdings will promptly notify the Trustee of such action or any failure so to act. If the Company Holdings is not acting as Paying Agent, the Company Holdings will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will agree with the Trustee, subject to the provisions of this Section 10.03, that such Paying Agent will:
Appears in 1 contract
Samples: Telemundo Holding Inc
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (and premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure to so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents, the Company it will, on or before prior to each due date of the principal of, of (and premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such its action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 1 contract
Samples: Pope & Talbot Inc /De/
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of and premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal and premium, if any, or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee in writing of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents, the Company it will, on or before prior to each due date of the principal of, premium, if any, of or interest on, any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal and premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium principal or interest, and (unless such Paying Agent is the Trustee) , the Company Paying Agent will promptly notify the Trustee in writing of such its action or any failure so to act. If the Company is not acting as Paying Agent, the The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 1 contract
Samples: Local Financial Corp /Nv
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum sufficient to pay the principal, principal of (or premium, if any, ) or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. If Whenever the Company is not acting as shall have one or more Paying AgentAgents for the Notes, the Company it will, on or before each due date of the principal of, of (or premium, if any, ) or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, principal (and premium, if any, ) or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the 80 The Company will cause each Paying Agent (other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03Section, that such Paying Agent will:
Appears in 1 contract
Samples: Satisfaction And (Afa Products Inc)
Money for Note Payments to Be Held in Trust. If the Company Issuer shall at any time act as its own Paying Agent, it willshall, on or before each due date of the principal of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders entitled thereto a sum sufficient to pay the principal, premium, if any, or interest so becoming due until such sums shall be paid to such persons Persons or otherwise disposed of as herein provided, and will shall promptly notify the Trustee of its action or failure so to act. If the Company Issuer is not acting as Paying Agent, the Company willIssuer shall, on or before each due date of the principal of, premium, if any, or interest on, on any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will Issuer shall promptly notify the Trustee of such action or any failure so to act. If the Company Issuer is not acting as Paying Agent, the Company will Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.031003, that such Paying Agent willshall:
Appears in 1 contract
Samples: Indenture (Media General Inc)
Money for Note Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent, it the Company will, on or before each due date of the principal of, premium, if any, or interest on any of the Notes, segregate and hold in trust for the benefit of the Holders entitled thereto a sum sufficient to pay the principal, premium, if any, or interest so becoming due until such sums shall be paid to such persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its their action or failure so to act. If the Company is not acting as Paying Agent, the Company will, on or before each due date of the principal of, premium, if any, or interest on, any Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay the principal, premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of such action or any failure so to act. If the Company is not acting as Paying Agent, the Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent will shall agree with the Trustee, subject to the provisions of this Section 10.03, that such Paying Agent will:
Appears in 1 contract
Samples: Galaxy Cable Inc
