Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section, (a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders of the Securities of such series or of the Trustee, (b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and (c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause 3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section is subject to the provisions of Section 9.03 and 9.04.
Appears in 5 contracts
Sources: Senior Indenture (Abn Amro Bank Nv), Senior Indenture (Abn Amro Bank Nv), Subordinated Indenture (Orvet Pharmaceuticals Finance Sa)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or Coupons appertaining thereto, if any, or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in the foregoing clause 3.04(b) above(b). The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.3 and 9.0410.4.
Appears in 5 contracts
Sources: Indenture (Weyerhaeuser Co), Indenture (Plum Creek Timber Co Inc), Indenture (Health Net Inc)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any seriesSeries, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section,Section 4.06, that it will:
(a) that it will hold all sums received by it as such agent Paying Agent for the payment of the principal of or interest on the Securities of such series Series (whether such sums have been paid to it by the Issuer Company or by any Guarantor or other obligor on the Securities of such seriesSeries) in trust for the benefit of the holders Holders of the Securities of such series Series or of the Trustee, and upon the occurrence of an Event of Default and upon the written request of the Trustee, pay over all such sums received by it to the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any Guarantor or other obligor on the Securities of such seriesSeries) to make any payment of the principal of or interest on the Securities of such series Series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to give the Trustee upon the Trustee's written request at notice of any time during the continuance change of the failure referred to in clause 3.04(b) aboveaddress of any Holder of which it is aware. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such seriesSeries, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Securities of any Series, it will, on or before each due date of the principal of or interest on the Securities of such seriesSeries, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series Series a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this section Section 4.06 to the contrary notwithstanding, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series Series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series Series by the Issuer Company or any paying agent Paying Agent hereunder, as required by this SectionSection 4.06, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section 4.06 to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section 4.06 is subject to the provisions of Section 9.03 Sections 8.07 and 9.048.08.
Appears in 4 contracts
Sources: Indenture (Americredit Financial Services Inc), Indenture (Americredit Financial Services Inc), Indenture (Americredit Financial Services Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause 3.04(b(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.01, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.03 and 9.0410.04.
Appears in 4 contracts
Sources: Indenture (Nvidia Corp/Ca), Indenture (Nvidia Corp/Ca), Subordinated Indenture (Morgan Stanley Capital Trust VIII)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of any such failure, upon the failure referred written request of the Trustee, it will forthwith pay to the Trustee all sums so held in clause 3.04(b) abovetrust by such paying agent. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.01, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.03 and 9.0410.04. The Issuer initially appoints the Trustee as paying agent for the Securities. The Issuer may change the paying agent without prior notice to the Holders.
Appears in 4 contracts
Sources: Indenture (Intercept Pharmaceuticals, Inc.), Exchange Agreement (Intercept Pharmaceuticals, Inc.), Subscription Agreement (Intercept Pharmaceuticals, Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause 3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section is subject to the provisions of Section 9.03 and 9.04.
Appears in 4 contracts
Sources: Senior Indenture (Orix Corp), Senior Indenture (Orix Corp), Senior Indenture (Orix Corp)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Debt Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,:
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Debt Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Debt Securities of such series) in trust for the benefit of the holders of the Debt Securities of such series or of the Trustee,; and
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Debt Securities of such series) to make any payment of the principal of or interest on the Debt Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause 3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Debt Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Debt Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Debt Securities of such series, set aside, segregate and hold in trust for the benefit of the holders of the Debt Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Debt Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained; and, upon such payment by any paying agent to the Trustee, such paying agent shall be released from all further liability with respect to such monies. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.03 and 9.0410.04.
Appears in 4 contracts
Sources: Subordinated Indenture (Financial Security Assurance Holdings LTD/Ny/), Trust Indenture (Financial Security Assurance Holdings LTD/Ny/), Trust Indenture (Financial Security Assurance Holdings LTD/Ny/)
Paying Agents. The Trustee shall be the principal paying agent for the Securities. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any seriesTrustee, it will shall cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal or Change of Control purchase price of, or premium or interest on on, the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such seriesSecurities) in trust for the benefit of the holders Holders of the Securities of such series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such seriesSecurities) to make any payment of the principal or Change of Control purchase price of, or premium or interest on on, the Securities of such series when the same shall be due and payable, payable and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause 3.04(b(b) above. The Issuer willshall, on or prior to each due date of the principal or Change of Control purchase price of, and premium, if any, or interest on the Securities of such seriesSecurities, deposit with the paying agent a sum sufficient to pay such principal principal, Change of Control purchase price, premium or interest so becoming dueinterest, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section 3.4 to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this SectionSection 3.4, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section 3.4 is subject to the provisions of Section 9.03 9.3 and 9.04Section 9.1 hereof.
Appears in 3 contracts
Sources: Indenture (NRG Energy Inc), Senior Debt Securities Indenture (NRG Energy Inc), Indenture (NRG Energy Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and,
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause 3.04(b3.03(b) above, and
(d) that it will perform all other duties of paying agent as set forth in the Indenture. The Issuer willshall, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will shall promptly notify the Trustee of any failure to take such action. If the an Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section is subject to the provisions of Section 9.03 9.05 and 9.049.06.
Appears in 3 contracts
Sources: Indenture (Adobe Systems Inc), Indenture (SAIC, Inc.), Indenture (Adobe Systems Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and,
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause 3.04(b3.03(b) above, and
(d) that it will perform all other duties of paying agent as set forth in the Indenture. The Issuer willshall, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will shall promptly notify the Trustee of any failure to take such action. If the an Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay pay, deliver or cause to be paid or delivered to the Trustee all sums or amounts held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums and amounts to be held by the Trustee upon the trusts herein contained. Anything in this section to the contrary notwithstanding, the agreement to hold sums or amounts in trust as provided in this section is subject to the provisions of Section 9.03 and 9.04.
Appears in 3 contracts
Sources: Indenture (Affymetrix Inc), Subordinated Indenture (Affymetrix Inc), Indenture (Affymetrix Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders of the Securities of such series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and,
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause 3.04(b3.03(b) above, and
(d) that it will perform all other duties of paying agent as set forth in the Indenture. The Issuer willshall, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will shall promptly notify the Trustee of any failure to take such action. If the an Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section is subject to the provisions of Section 9.03 9.05 and 9.049.06.
Appears in 3 contracts
Sources: Indenture (Roper Technologies Inc), Indenture (Roper Industries Inc), Indenture (Roper Industries Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders of the Securities of such series or of the Trustee,, and
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause 3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.3 and 9.0410.4.
Appears in 3 contracts
Sources: Indenture (Emerson Electric Co), Indenture (Universal Health Services Inc), Indenture (Emerson Electric Co)
Paying Agents. Whenever (a) The Trustee shall be the Issuer initial paying agent. If the Company shall appoint a one or more paying agent agents for the Debentures, other than the Trustee with respect to Trustee, the Securities of any series, it will Company shall cause each such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,Section 5.3:
(ai) that it will shall hold all sums received held by it as such agent for the payment of the principal of or interest on the Securities of such series Debentures (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such seriesDebentures) in trust for the benefit of the holders of the Securities of such series or of the Trustee,Persons entitled thereto;
(bii) that it will shall give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such seriesDebentures) to make any payment of the principal of or interest on the Securities of such series Debentures when the same shall be due and payable, and;
(ciii) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request shall, at any time during the continuance of the any failure referred to in clause 3.04(bthe preceding paragraph (a)(ii) above. The Issuer will, on or prior to each due date upon the written request of the principal Trustee, forthwith pay to the Trustee all sums so held in trust by such paying agent; and
(iv) that it shall perform all other duties of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and as set forth in this Indenture.
(unless such paying agent is the Trusteeb) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent with respect to the Securities of any SeriesDebentures, it will, shall on or before each due date of the principal of or interest on the Securities of such seriesDebentures, set aside, segregate and hold in trust for the benefit of the holders of the Securities of such series Persons entitled thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will due on Debentures until such sums shall be paid to such Persons or otherwise disposed of as herein provided and shall promptly notify the Trustee of such action, or any failure (by it or any other obligor on such Debentures) to take such action. Anything Whenever the Company shall have one or more paying agents for the Debentures, it shall, prior to each due date of the principal of or interest on any Debentures, deposit with the paying agent a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal or interest, and (unless such paying agent is the Trustee) the Company shall promptly notify the Trustee of this action or failure so to act.
(c) Notwithstanding anything in this section Section 5.3 to the contrary notwithstandingcontrary, (i) the Issuer agreement to hold sums in trust as provided in this Section 5.3 is subject to the provisions of Section 13.3, 13.4, and 13.5; and (ii) the Company may at any time, for the purpose of obtaining a the satisfaction and discharge with respect to one or more or all series of Securities hereunder, this Indenture or for any other reasonpurpose, pay pay, or cause direct any paying agent to be paid pay, to the Trustee all sums held in trust for any such series by the Issuer Company or any such paying agent hereunder, as required by this Sectionagent, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section same terms and conditions as those upon which such sums were held by the Company or such paying agent; and, upon such payment by any paying agent to the contrary notwithstandingTrustee, the agreement such paying agent shall be released from all further liability with respect to hold sums in trust as provided in this section is subject to the provisions of Section 9.03 and 9.04such money.
Appears in 3 contracts
Sources: Indenture (Capitol Trust Xv), Indenture (Capitol Bancorp LTD), Indenture (Independent Bank Corp /Mi/)
Paying Agents. Whenever the Issuer or any Guarantor shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Issuer, the Guarantors or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by the Guarantors or any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause 3.04(b(b) above. The Issuer or the Guarantors will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer or a Guarantor will promptly notify the Trustee of any failure to take such action. Any payment received by the Trustee or a paying agent after 1:00 p.m. New York time shall be deemed to be received on the next Business Day. If the Issuer shall act as its own paying agent agent, or if a Guarantor shall act as paying agent, with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer or a Guarantor will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.01, the Issuer or any Guarantor may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer Issuer, the Guarantors or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 10.03 and 9.0410.04.
Appears in 3 contracts
Sources: Senior Indenture (Abn Amro Bank Nv), Subordinated Indenture (Abn Amro Bank Nv), Senior Indenture (Bank of America Corp /De/)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Issuer, the Guarantor or by any other obligor on the Securities of such series) in trust for the benefit of the holders of the Securities of such series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by the Guarantor or any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause 3.04(b) above. The Issuer will, on or the Business Day prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum in immediately available funds sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee in writing of any failure to take such action. Anything in this section to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section is subject to the provisions of Section Sections 9.03 and 9.04. For the avoidance of doubt, any paying agent hereunder shall comply with applicable backup withholding tax and information reporting requirements under the U.S. Internal Revenue Code of 1986, as amended, and the U.S. Treasury Regulations promulgated thereunder with respect to payments made under the Securities of any series (including, to the extent required, the collection of Internal Revenue Service Forms W-8 and W-9 and the filing of U.S. Internal Revenue Service Forms 1099 and 1096).
Appears in 2 contracts
Sources: Senior Debt Indenture (Gazit Group Financial LLC), Subordinated Debt Indenture (Gazit Group Financial LLC)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any seriesSeries, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent Agent for the payment of the principal of or interest on the Securities of such series Series or Coupons (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such seriesSeries or Coupons) in trust for the benefit of the holders Holders of the Securities of such series Series or of the Trustee, and upon the occurrence of an Event of Default pay over all such sums received by it to the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such seriesSeries) to make any payment of the principal principle of or interest on the Securities of such series Series or Coupons when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to give the Trustee upon the Trustee's written request at notice of any time during the continuance change of the failure referred to in clause 3.04(b) aboveaddress of any Holder of which it is aware. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Securities of any SeriesSeries or Coupons, it will, on or before each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series Series or Holders of such Coupons a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series Series of Securities or Coupons hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series Series by the Issuer Company or any paying agent Paying Agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.3 and 9.0410.4.
Appears in 2 contracts
Sources: Indenture (Enhance Financial Services Group Inc), Indenture (Enhance Financial Services Group Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or Coupons appertaining thereto, if any, or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in the foregoing clause 3.04(b) above(b). The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.5 and 9.0410.6.
Appears in 2 contracts
Sources: Indenture (Smart Balance, Inc.), Indenture (Smart Balance, Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders of the Securities of such series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and,
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause 3.04(b3.04(b) above, and
(d) that it will perform all other duties of paying agent as set forth in the Indenture. The Issuer willshall, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will shall promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section is subject to the provisions of Section 9.03 Section 9.05 and 9.049.06.
Appears in 2 contracts
Sources: Indenture (Trinet Group, Inc.), Indenture (Trinet Group Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders of the Securities of such series or of the Trustee,, and
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause 3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum or sums in the required currencies sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.3 and 9.0410.4.
Appears in 2 contracts
Sources: Indenture (J P Morgan Chase & Co), Indenture (J P Morgan Chase & Co)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this SectionSection 3.04,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause Section 3.04(b) above. The Issuer will, on or prior to 10:00 a.m., New York City time, on each due date of the principal of or interest on the Securities of such series, series deposit or cause to be deposited with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. The paying agent shall not be bound to make any payment until it has received in immediately available and cleared funds the full amount due to be paid to it pursuant to this Section 3.04(c). If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section 3.04 to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this SectionSection 3.04, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section 3.04 to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section 3.04 is subject to the provisions of Section Sections 9.03 and 9.04.
Appears in 2 contracts
Sources: Subordinated Indenture (Sumitomo Mitsui Financial Group, Inc.), Subordinated Indenture (Sumitomo Mitsui Financial Group, Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause 3.04(b(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.03 and 9.0411.04.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Morgan Stanley Capital Trust XI), Junior Subordinated Indenture (Morgan Stanley Capital Trust XI)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any seriesSeries, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent Agent for the payment of the principal of or interest on the Securities of such series Series or Coupons (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such seriesSeries or Coupons) in trust for the benefit of the holders Holders of the Securities of such series Series or of the Trustee, and upon the occurrence of an Event of Default pay over all such sums received by it to the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such seriesSeries) to make any payment of the principal of or interest on the Securities of such series Series or Coupons when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to give the Trustee upon the Trustee's written request at notice of any time during the continuance change of the failure referred to in clause 3.04(b) aboveaddress of any Holder of which it is aware. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Securities of any SeriesSeries or Coupons, it will, on or before each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series Series or Holders of such Coupons a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series Series of Securities or Coupons hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series Series by the Issuer Company or any paying agent Paying Agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.3 and 9.0410.4.
Appears in 2 contracts
Sources: Indenture (Cna Financial Corp), Indenture (Cna Financial Corp)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and,
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause 3.04(b3.03(b) above, and
(d) that it will perform all other duties of paying agent as set forth in this Indenture. The Issuer willshall, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will shall promptly notify the Trustee of any failure to take such action. If the an Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section is subject to the provisions of Section 9.03 and 9.04.
Appears in 2 contracts
Sources: Indenture (Leidos Holdings, Inc.), Indenture (Leidos Holdings, Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this SectionSection 3.04,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause Section 3.04(b) above. The Issuer will, on or prior to each 10:00 a.m., New York City time, on any due date of the principal of or interest on the Securities of such series, series deposit or cause to be deposited with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. The paying agent shall not be bound to make any payment until it has received in immediately available and cleared funds the full amount due to be paid to it pursuant to this Section 3.04(c). If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each any due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section 3.04 to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this SectionSection 3.04, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section 3.04 to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section 3.04 is subject to the provisions of Section Sections 9.03 and 9.04.
Appears in 2 contracts
Sources: Perpetual Subordinated Indenture (Sumitomo Mitsui Financial Group, Inc.), Perpetual Subordinated Indenture (Sumitomo Mitsui Financial Group, Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders of the Securities of such series or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause 3.04(b(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section is subject to the provisions of Section 9.03 and 9.04.
Appears in 2 contracts
Sources: Indenture (Becton Dickinson & Co), Indenture (Cardinal Health Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders of the Securities of such series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause 3.04(b(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section is subject to the provisions of Section 9.03 and 9.04.of
Appears in 2 contracts
Sources: Indenture (Cardinal Health Inc), Indenture (Cardinal Health Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or Coupons appertaining thereto, if any, or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in the foregoing clause 3.04(b) above(b). The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 9.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section is subject to the provisions of Section 9.03 and 9.04.
Appears in 2 contracts
Sources: Indenture (Global Crossing LTD), Indenture (Metromedia Fiber Network Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and,
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request will, at any time during the continuance of any such failure, upon the failure referred written request of the Trustee, forthwith pay to the Trustee all sums so held in clause 3.04(btrust by such paying agent, and
(d) abovethat it will in all respects comply with the provisions of the Trust Indenture Act of 1939 applicable to such paying agent. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, such sum to be held as provided in the Trust Indenture Act of 1939, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming duedue until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, hereunder or with respect to this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.3 and 9.0410.4.
Appears in 2 contracts
Sources: Subordinated Indenture (McMoran Exploration Co /De/), Subordinated Indenture (Freeport McMoran Copper & Gold Inc)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Subordinated Securities of any series, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Subordinated Securities of such series (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Subordinated Securities of such series) in trust for the benefit of the holders Holders of the Subordinated Securities of such series series, or Coupons appertaining thereto, if any, or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Subordinated Securities of such series) to make any payment of the principal of or interest on the Subordinated Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in the foregoing clause 3.04(b) above(b). The Issuer Company will, on or prior to each due date of the principal of or interest on the Subordinated Securities of such series, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Subordinated Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Subordinated Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Subordinated Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.1, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Subordinated Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer Company or any paying agent Paying Agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.3 and 9.0410.4.
Appears in 2 contracts
Sources: Subordinated Indenture (Quadramed Corp), Subordinated Indenture (Healthsouth Corp)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such series) in trust for the benefit of the holders of the Securities of such series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and,
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause 3.04(b3.03(b) above, and
(d) that it will perform all other duties of paying agent as set forth in the Indenture. The Issuer willCompany shall, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will Company shall promptly notify the Trustee of any failure to take such action. If the Issuer an Company shall act as its own paying agent with respect to the Securities of any Series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this section to the contrary notwithstanding, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer Company or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section is subject to the provisions of Section 9.03 9.05 and 9.049.06.
Appears in 2 contracts
Sources: Indenture (Palo Alto Networks Inc), Indenture (Palo Alto Networks Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this SectionSection 3.04,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause 3.04(bsubsection (b) above. The Issuer will, on or prior to 10:00 a.m., New York City time, on each due date of the principal of or interest on the Securities of such series, series deposit or cause to be deposited with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. The paying agent shall not be bound to make any payment until it has received in immediately available and cleared funds the full amount due to be paid to it pursuant to this Section 3.04(c). If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section 3.04 to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this SectionSection 3.04, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section 3.04 to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section 3.04 is subject to the provisions of Section Sections 9.03 and 9.04.
Appears in 2 contracts
Sources: Senior Indenture (Sumitomo Mitsui Financial Group, Inc.), Senior Indenture (Sumitomo Mitsui Financial Group, Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause 3.04(b(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.01, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.03 and 9.0410.04.
Appears in 1 contract
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or Coupons appertaining thereto, if any, or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in the foregoing clause 3.04(b) above(b). The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section is subject to the provisions of Section 9.03 and 9.04.one
Appears in 1 contract
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause 3.04(b(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section is subject to the provisions of Section 9.03 and 9.04.
Appears in 1 contract
Sources: Indenture (Lubrizol Corp)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or Coupons appertaining thereto, if any, or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in the foregoing clause 3.04(b) above(b). The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.1, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer Company or any paying agent Paying Agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.3 and 9.0410.4.
Appears in 1 contract
Sources: Indenture (Healthsouth Corp)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause 3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.01, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.03 and 9.0410.04.
Appears in 1 contract
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or Coupons appertaining thereto, if any, or of the Trustee,;
(b) that it will give the Trustee written notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in the foregoing clause 3.04(b) above(b). The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section is subject to the provisions of Section 9.03 and 9.04.
Appears in 1 contract
Sources: Indenture (Con-Way Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying ------------- agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,:
(a) that it will hold all sums received by it as such agent for the payment of the principal of (and premium, if any) or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of (and premium, if any) or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in the foregoing clause 3.04(b) above(b). The Issuer will, on or prior to each due date of the principal of (and premium, if any) or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of (and premium, if any) or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series a sum sufficient to pay such principal (and premium, if any) or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 9.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 9.3 and 9.049.4.
Appears in 1 contract
Sources: Indenture (C Cor Net Corp)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,:
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or Coupons appertaining thereto, if any, or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in the foregoing clause 3.04(b) above(b). The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.3 and 9.0410.4.
Appears in 1 contract
Sources: Indenture (Wynn Resorts LTD)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Indenture Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Indenture Trustee an instrument in which such agent shall agree with the Indenture Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or Coupons appertaining thereto, if any, or of the Indenture Trustee,
(b) that it will give the Indenture Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Indenture Trustee upon the Indenture Trustee's written request at any time during the continuance of the failure referred to in clause 3.04(b(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Indenture Trustee) the Issuer will promptly notify the Indenture Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Indenture Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Indenture Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Indenture Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.03 and 9.0411.04.
Appears in 1 contract
Sources: Junior Subordinated Indenture (GW Capital Trust II)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,:
(a) that it will hold all sums received by it as such agent for the payment of the principal Principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal Principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time ; and during the continuance of the failure referred to in clause 3.04(bSection 3.03(b) above. The Issuer will, on or prior to each due date of the principal Principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal Principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Series, it will, on or before each due date of the principal Principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series a sum sufficient to pay such principal Principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Whenever the Issuer shall have one or more paying agents for any series of Securities, it will, on or before each due date of the Principal of or interest on any Securities of such series, deposit with the paying agent or agents for the Securities of such series a sum, by 11:00 a.m. New York City time in immediately available funds on the payment date, sufficient to pay the Principal or interest so becoming due with respect to the Securities of such series, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee in writing of any failure so to act. Anything in this section to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section 3.03 to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section 3.03 is subject to the provisions of Section 9.03 and 9.049.05.
Appears in 1 contract
Sources: Indenture (Loop Media, Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this SectionSection 3.04,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause 3.04(bsubsection (b) above. The Issuer will, on or prior to 10:00 a.m., Sydney time, on each due date of the principal of or interest on the Securities of such series, deposit or cause to be deposited with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. The paying agent shall not be bound to make any payment until it has received in immediately available and cleared funds the full amount due to be paid to it pursuant to this Section 3.04(c). If the paying agent pays out any amount due in respect of the Securities before receipt of the amount due under this Section 3.04(c), the Issuer shall on demand reimburse the paying agent for the relevant amount and pay interest to the paying agent on such amount that is outstanding from the date on which it is paid out to the date of reimbursement at the rate per annum equal to the cost to the paying agent of funding the amount paid out, as certified by the paying agent. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section 3.04 to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this SectionSection 3.04, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section 3.04 to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section 3.04 is subject to the provisions of Section Sections 9.03 and 9.04.”
(d) Section 3.05 of the Base Indenture is hereby replaced in its entirety by a new Section 3.05, which shall read as follows:
Appears in 1 contract
Sources: Supplemental Indenture (Sumitomo Mitsui Financial Group, Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or Coupons appertaining thereto, or of the Trustee,, and
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause 3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section is subject to the provisions of Section 9.03 and 9.04.
Appears in 1 contract
Sources: Indenture (Rubbermaid Inc)
Paying Agents. Whenever the Issuer shall appoint a paying ------------- agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause 3.04(b(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section is subject to the provisions of Section 9.03 Sections 10.3 and 9.0410.4.
Appears in 1 contract
Sources: Prepaid Security Indenture (Household International Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the any failure referred to in clause 3.04(bSection 3.4(b) above, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such paying agent. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section to the contrary notwithstanding, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section is subject to the provisions of Section 9.03 and 9.04.the
Appears in 1 contract
Paying Agents. Whenever the Issuer shall appoint a paying agent The Company will cause each Paying Agent, if any, other than the Trustee with respect to the Securities of any seriesTrustee, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall will agree with the Trustee, subject to the provisions of this Section,Section 3.4 that such Paying Agent will:
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or the Coupons, or of the Trustee,, until such sums will be paid to such Holders or otherwise disposed of as herein provided;
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall will be due and payable, ; and
(c) that it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, forthwith pay any such to the Trustee all sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause 3.04(b) aboveas such Paying Agent. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of its action or any failure to take such action. If the Issuer shall act Company acts as its own paying agent Paying Agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or any Coupons a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of its action or any failure to take such actionaction or the failure by any other obligor on such Securities to make any payment of the principal of or interest on such Securities when the same are due and payable. Anything in this section Section 3.4 to the contrary notwithstanding, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid paid, or by Company Order direct any Paying Agent to pay to the Trustee Trustee, all sums held in trust for any such series by the Issuer Company or any paying agent hereunderPaying Agent, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section 3.4 to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section Section 3.4 is subject to the provisions of Section 9.03 Sections 10.3 and 9.0410.4.
Appears in 1 contract
Sources: Indenture (Ecolab Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the holders Holders of the Securities of such series series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause 3.04(b(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any Seriesseries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the holders Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this section Section to the contrary notwithstanding, but subject to Section 10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this section Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this section is subject to the provisions of Section 9.03 and 9.04.provided
Appears in 1 contract