Common use of No Payment on Securities in Certain Circumstances Clause in Contracts

No Payment on Securities in Certain Circumstances. (a) No payment shall be made by or on behalf of the Company on account of any obligation or, to the extent the subordination thereof is permitted by applicable law, claim in respect of the Securities, including the Principal of or interest on the Securities, or to redeem (or make a deposit in redemption of), defease (other than payments made by the Trustee pursuant to Article 9 with respect to a defeasance permitted by this Indenture, including the subordination provisions herein) or acquire any of the Securities for cash, property or securities, (i) upon the maturity of the Senior Indebtedness with an aggregate principal amount in excess of $100 million by lapse of time, acceleration or otherwise, unless and until all principal of, premium, if any, and interest on such Senior Indebtedness and all other obligations in respect thereof shall first be paid in full in cash or cash equivalents or such payment is duly provided for, or unless and until any such maturity by acceleration has been rescinded or waived or (ii) in the event of default in payment of any principal of, premium, if any, or interest on or any other amount payable in respect of the Senior Indebtedness with an aggregate principal amount in excess of $100 million when it becomes due and payable, whether at maturity or at a date fixed for prepayment or by declaration or otherwise, unless and until such payment default has been cured or waived or has otherwise ceased to exist.

Appears in 3 contracts

Samples: Default and Remedies (Credit Suisse Group), Credit Suisse Group, Credit Suisse Group

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No Payment on Securities in Certain Circumstances. (a) No payment shall of any kind or character from any source may be made by or on behalf of the Company Issuers or a Guarantor, if any, as applicable, on account of the principal of, premium, if any, or interest or Additional Amounts on the Subordinated Debt Securities (including any obligation orrepurchases of Subordinated Debt Securities and rescission payments), to the extent the subordination thereof is permitted by applicable law, claim in respect or on account of the redemption provisions of the Subordinated Debt Securities, including the Principal of for Cash or interest on the Securities, or to redeem (or make a deposit in redemption of), defease property (other than payments made by from the Trustee pursuant to trust described in Article 9 with respect to a defeasance permitted by this Indenture, including the subordination provisions herein) or acquire any of the Securities for cash, property or securitiesVIII), (i) upon the maturity of any Senior Debt of the Senior Indebtedness with an aggregate principal amount in excess of $100 million Issuers or such Guarantor, if any, by lapse of time, acceleration (unless waived) or otherwise, unless and until all principal of, premium, if any, and the interest on and any fee or other amount due in respect of such Senior Indebtedness and all other obligations in respect thereof shall Debt are first be paid in full in cash Cash or cash equivalents Cash Equivalents or such payment is duly provided forotherwise to the extent holders accept satisfaction of amounts due by settlement in other than Cash or Cash Equivalents, or unless and until any such maturity by acceleration has been rescinded or waived or (ii) in the event of default in the payment of any principal of, premium, if any, or interest on or any fee or other amount payable due in respect of Senior Debt of the Senior Indebtedness with an aggregate principal amount in excess of $100 million Issuers or such Guarantor, if any, when it becomes due and payable, whether at maturity or at a date fixed for prepayment or by declaration or otherwiseotherwise (a "Payment Default"), unless and until such payment default Payment Default has been cured or waived or otherwise has otherwise ceased to exist.

Appears in 2 contracts

Samples: Indenture (Sun International Hotels LTD), Indenture (Ggri Inc)

No Payment on Securities in Certain Circumstances. (a) No payment shall be made by or on behalf of the Company on account of any obligation or, to the extent the subordination thereof is permitted by applicable law, claim in respect of the Securities, including the Principal of of, premium, if any, or interest on the Securities, or to redeem (or make a deposit in redemption of), defease (other than payments made by the Trustee pursuant to Article 9 8 with respect to a defeasance permitted by this Indenture, including the subordination provisions herein) or acquire any of the Securities for cash, property or securities, (i) upon the maturity of the Senior Indebtedness with an aggregate principal amount in excess of $100 50 million by lapse of time, acceleration or otherwise, unless and until all principal Principal of, premium, if any, and interest on such Senior Indebtedness and all other obligations in respect thereof shall first be paid in full in cash or cash equivalents or such payment is duly provided for, or unless and until any such maturity by acceleration has been rescinded or waived or (ii) in the event of default in payment of any principal Principal of, premium, if any, or interest on or any other amount payable in respect of the Senior Indebtedness with an aggregate principal amount in excess of $100 50 million when it becomes due and payable, whether at maturity or at a date fixed for prepayment or by 44 declaration or otherwise, unless and until such payment default has been cured or waived or has otherwise ceased to exist.

Appears in 1 contract

Samples: Credit Suisse First Boston Usa Inc

No Payment on Securities in Certain Circumstances. (a) No payment shall be made by or on behalf of the Company on account of any obligation or, to the extent the subordination thereof is permitted by applicable law, claim in respect of the Securities, including the Principal of or interest on the Securities, or to redeem (or make a deposit in redemption of), defease (other than payments made by the Trustee pursuant to Article 9 8 with respect to a defeasance permitted by this Indenture, including the subordination provisions herein) or acquire any of the Securities for cash, property or securities, (i) upon the maturity of the Senior Indebtedness with an aggregate principal amount in excess of $100 million by lapse of time, acceleration or otherwise, unless and until all principal of, premium, if any, and interest on such Senior Indebtedness and all other obligations in respect thereof shall first be paid in full in cash or cash equivalents or such payment is duly provided for, or unless and until any such maturity by acceleration has been rescinded or waived or (ii) in the event of default in payment of any principal of, premium, if any, or interest on or any other amount payable in respect of the Senior Indebtedness with an aggregate principal amount in excess of $100 million when it becomes due and payable, whether at maturity or at a date fixed for prepayment or by declaration or otherwise, unless and until such payment default has been cured or waived or has otherwise ceased to exist.

Appears in 1 contract

Samples: Credit Suisse Group

No Payment on Securities in Certain Circumstances. (a) No payment shall or distribution of any kind or character (by set-off or otherwise) may be made by or on behalf of the Company directly or through any Subsidiary on account of the principal of, premium, if any, interest on, or Liquidated Damages or any obligation orother Obligations under or with respect to, to the extent the subordination thereof is permitted by applicable law, claim in respect of the Securities, including the Principal of or interest on the Securities, or to redeem (or make a deposit in redemption of), defease (other than payments made by the Trustee pursuant to Article 9 with respect to a defeasance permitted by this Indenture, including the subordination provisions herein) or acquire any of the Securities (including repurchases of Securities at the option of the Holder) for cashcash or property (other than Junior Securities), property or securitieson account of the redemption provisions of the Securities (collectively, the "Subordinated Obligations"), (i) upon the maturity of the any Senior Indebtedness with an aggregate principal amount in excess of $100 million by lapse of time, acceleration (unless waived) or otherwise, unless and until all principal of, premium, if any, and interest on such Senior Indebtedness on, and fees, charges, expenses, indemnifications and all other obligations Obligations payable in respect thereof shall of Designated Senior Indebtedness are first be paid in full in cash or cash equivalents or such payment is duly provided forcash, or unless and until any such maturity by acceleration has been rescinded or waived or (ii) in the event of default in the payment of any principal of, premium, if any, or interest on or any other amount payable in respect of the Designated Senior Indebtedness with an aggregate principal amount in excess of $100 million when it becomes due and payable, whether at maturity or at a date fixed for prepayment or by declaration or otherwiseotherwise (collectively, a "Payment Default"), unless and until such payment default Payment Default has been cured or waived or otherwise has otherwise ceased to exist.

Appears in 1 contract

Samples: Arris Group Inc

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No Payment on Securities in Certain Circumstances. (a) No payment shall be made by or on behalf of the Company on account of any obligation or, to the extent the subordination thereof is permitted by applicable law, claim in respect of the Securities, including the Principal of of, premium, if any, or interest on the Securities, or to redeem (or make a deposit in redemption of), defease (other than payments made by the Trustee pursuant to Article 9 8 with respect to a defeasance permitted by this Indenture, including the subordination provisions herein) or acquire any of the Securities for cash, property or securities, (i) upon the maturity of the Senior Indebtedness with an aggregate principal amount in excess of $100 50 million by lapse of time, acceleration or otherwise, unless and until all principal Principal of, premium, if any, and interest on such Senior Indebtedness and all other obligations in respect thereof shall first be paid in full in cash or cash equivalents or such payment is duly provided for, or unless and until any such maturity by acceleration has been rescinded or waived or (ii) in the event of default in payment of any principal Principal of, premium, if any, or interest on or any other amount payable in respect of the Senior Indebtedness with an aggregate principal amount in excess of $100 50 million when it becomes due and payable, whether at maturity or at a date fixed for prepayment or by declaration or otherwise, unless and until such payment default has been cured or waived or has otherwise ceased to exist.

Appears in 1 contract

Samples: Credit Suisse First Boston Usa Inc

No Payment on Securities in Certain Circumstances. (a) No payment shall be made by or on behalf of the Company on account of any obligation or, to the extent the subordination thereof is permitted by applicable law, claim in respect of the Securities, including the Principal of or interest on the Securities, or to redeem (or make a deposit in redemption of), defease (other than payments made by the Trustee pursuant to Article 9 8 with respect to a defeasance permitted by this Indenture, including the subordination provisions herein) or acquire any of the Securities for cash, property or securities, (i) upon the maturity of the Senior Indebtedness with an aggregate principal amount in excess of $100 million by lapse of time, acceleration or otherwiseacceleration, unless and until all principal of, premium, if any, and interest on such Senior Indebtedness and all other obligations in respect thereof shall first be paid in full in cash or cash equivalents or such payment is duly provided for, or unless and until any such maturity by acceleration has been rescinded or waived or (ii) in the event of default in payment of any principal of, premium, if any, or interest on or any other amount payable in respect of the Senior Indebtedness with an aggregate principal amount in excess of $100 million when it becomes due and payable, whether payable at maturity or at a date fixed for prepayment or by declaration or otherwiseredemption, unless and until such payment default has been cured or waived or has otherwise ceased to exist.

Appears in 1 contract

Samples: Subordinated Indenture (Credit Suisse (Usa) Inc)

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