Common use of Payment of Convertible Subordinated Notes Clause in Contracts

Payment of Convertible Subordinated Notes. The Company shall pay the principal of and interest (including Liquidated Damages) on the Convertible Subordinated Notes on the dates and in the manner provided in the Convertible Subordinated Notes. Principal, interest, the Redemption Price or the Designated Event Payment shall be considered paid on the date due if the Trustee or Paying Agent (other than the Company or a Subsidiary of the Company) holds as of 10:00 a.m. New York City time on that date immediately available funds designated for and sufficient to pay all principal, interest (including Liquidated Damages), the Redemption Price and the Designated Event Payment then due; provided, however, that money held by the Agent for the benefit of holders of Senior Debt pursuant to the provisions of Article XI hereof or the payment of which to the holders of the Convertible Subordinated Notes is prohibited by Article XI shall not be considered to be designated for the payment of any principal of or interest on the Convertible Subordinated Notes within the meaning of this Section 4.01. To the extent lawful, the Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on (i) overdue principal, at the rate borne by Convertible Subordinated Notes, compounded semiannually; and (ii) overdue installments of interest (without regard to any applicable grace period) at the same rate, compounded semiannually.

Payment of Convertible Subordinated Notes. The Company shall pay the principal of and interest (including Liquidated Damages) on the Convertible Subordinated Notes on the dates and in the manner provided in the Convertible Subordinated Notes. Principal, interest, the Redemption Price or redemption price and the Designated Event Payment shall be considered paid on the date due if the Trustee or Paying Agent (other than the Company or a Subsidiary subsidiary of the Company) holds as of 10:00 a.m. New York City time on that date immediately available funds designated for and sufficient to pay all principal, interest (including Liquidated Damages)interest, the Redemption Price redemption price and the Designated Event Payment then due; , provided, however, that money held by the Agent for the benefit of holders of Senior Debt pursuant to the provisions of Article XI 11 hereof or the payment of which to the holders of the Convertible Subordinated Notes is prohibited by Article XI 11 shall not be considered to be designated for the payment of any principal of or interest on the Convertible Subordinated Notes within the meaning of this Section 4.01. To the extent lawful, the Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on (i) overdue principal, at the rate borne by Convertible Subordinated Notes, compounded semiannually; and (ii) overdue installments of interest (without regard to any applicable grace period) at the same rate, compounded semiannually.

Payment of Convertible Subordinated Notes. The Company shall pay the principal of and interest (including Contingent Interest, if any) and Liquidated Damages) , if any, on the Convertible Subordinated Notes on the dates and in the manner provided in the Convertible Subordinated Notes. Principal, interestinterest (including Contingent Interest, if any) and Liquidated Damages, if any, the Redemption Price, Repurchase Price or and the Designated Event Payment shall be considered paid on the date due if the Trustee or Paying Agent (other than the Company or a Subsidiary subsidiary of the Company) holds as of 10:00 a.m. a.m., New York City time time, on that date immediately available funds designated for and sufficient to pay all principal, interest (including Contingent Interest), Liquidated Damages), if any, the Redemption Price, Repurchase Price and or the Designated Event Payment then due; , provided, however, that money held by the Agent for the benefit of holders of Senior Debt pursuant to the provisions of Article XI 11 hereof or the payment of which to the holders of the Convertible Subordinated Notes is prohibited by Article XI 11 shall not be considered to be designated for the payment of any principal of or interest (including Contingent Interest, if any) or any Liquidated Damages on the Convertible Subordinated Notes within the meaning of this Section 4.01. To the extent lawful, the Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on (i) overdue principal, at the rate borne by Convertible Subordinated Notes, compounded semiannually; and (ii) overdue installments of interest (without regard to any applicable grace period) at the same rate, compounded semiannually.

Payment of Convertible Subordinated Notes. The Company shall pay the principal of and interest (including Liquidated and Registration Default Damages) , if any, on the Convertible Subordinated Notes on the dates and in the manner provided in the Convertible Subordinated Notes. Principal, interestinterest and Registration Default Damages, if any, the Redemption Price, Repurchase Price or and the Designated Event Fundamental Change Payment shall be considered paid on the date due if the Trustee or Paying Agent (other than the Company or a Subsidiary subsidiary of the Company) holds as of 10:00 a.m. a.m., New York City time time, on that date immediately available funds designated for and sufficient to pay all principal, interest (including Liquidated interest, Registration Default Damages), if any, the Redemption Price, Repurchase Price and or the Designated Event Fundamental Change Payment then due; , provided, however, that money held by the Agent for the benefit of holders of Senior Debt pursuant to the provisions of Article XI 11 hereof or the payment of which to the holders of the Convertible Subordinated Notes is prohibited by Article XI 11 shall not be considered to be designated for the payment of any principal of or interest or any Registration Default Damages on the Convertible Subordinated Notes within the meaning of this Section 4.01. To the extent lawful, the Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on (i) overdue principal, at the rate borne by Convertible Subordinated Notes, compounded semiannually; and (ii) overdue installments of interest (without regard to any applicable grace period) at the same rate, compounded semiannually.

Payment of Convertible Subordinated Notes. The Company shall pay the principal of and interest (including and Liquidated Damages, if any) on the Convertible Subordinated Notes on the dates and in the manner provided in the Convertible Subordinated Notes. Principal, interest, the Redemption Price or Liquidated Damages and the Designated Event Payment shall be considered paid on the date due if the Trustee or Paying Agent (other than the Company or a Subsidiary of the Company) holds as of 10:00 a.m. a.m., New York City time time, on that date immediately available funds designated for and sufficient to pay all principal, interest (including and Liquidated Damages), the Redemption Price and if any) or the Designated Event Payment then due; provided, however, that money held by the Agent for the benefit of holders of Senior Debt pursuant to the provisions of Article XI hereof or the payment of which to the holders of the Convertible Subordinated Notes is prohibited by Article XI shall not be considered to be designated for the payment of any principal of or interest (or Liquidated Damages, if any) on the Convertible Subordinated Notes within the meaning of this Section 4.01. To the extent lawful, the Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on (i) overdue principal, at the rate borne by Convertible Subordinated Notes, compounded semiannually; and (ii) overdue installments of interest (without regard to any applicable grace period) at the same rate, compounded semiannually.

Payment of Convertible Subordinated Notes. The Company shall pay the principal of and interest (including Liquidated Damages) , if any, on the Convertible Subordinated Notes on the dates and in the manner provided in the Convertible Subordinated Notes. Principal, interestLiquidated Damages, the Redemption Price, Purchase Price or the Designated Event Payment Purchase Price shall be considered paid on the date due if the Trustee or Paying Agent (other than the Company or a Subsidiary of the Company) holds as of 10:00 a.m. a.m., New York City time time, on that date immediately available funds designated for and sufficient to pay all principal, interest (including Liquidated Damages), if any, the Redemption Price, Purchase Price and or the Designated Event Payment Purchase Price then due; provided, however, that money held by the Agent for the benefit of holders of Senior Debt pursuant to the provisions of Article XI hereof 11 or the payment of which to the holders of the Convertible Subordinated Notes is prohibited by Article XI 11 shall not be considered to be designated for the payment of any principal of or interest Liquidated Damages, if any, Redemption Price, Purchase Price or Designated Event Purchase Price, on the Convertible Subordinated Notes within the meaning of this Section 4.01. To the extent lawful, the Company shall pay interest (including post-petition postpetition interest in any proceeding under any Bankruptcy Law) on (i) overdue principal, at the rate borne by Convertible Subordinated Notes, compounded semiannually; and (ii) overdue installments of interest (without regard to any applicable grace period) at the same rate1%, compounded semiannually.

Payment of Convertible Subordinated Notes. The Company shall pay the principal of and interest (including and Liquidated Damages, if any) on the Convertible Subordinated Notes on the dates and in the manner provided in the Convertible Subordinated Notes. Principal, interest, Liquidated Damages, the Redemption Price or and the Designated Event Payment shall be considered paid on the date due if the Trustee or Paying Agent (other than the Company or a Subsidiary of the Company) holds as of 10:00 a.m. a.m., New York City time time, on that date immediately available funds designated for and sufficient to pay all principal, interest (including and Liquidated Damages, if any), the Redemption Price and or the Designated Event Payment then due; provided, however, that money held by the Agent for the benefit of holders of Senior Debt pursuant to the provisions of Article XI hereof or the payment of which to the holders of the Convertible Subordinated Notes is prohibited by Article XI shall not be considered to be designated for the payment of any principal of or interest (or Liquidated Damages, if any) on the Convertible Subordinated Notes within the meaning of this Section 4.01. To the extent lawful, the Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on (i) overdue principal, at the rate borne by Convertible Subordinated Notes, compounded semiannually; and (ii) overdue installments of interest (without regard to any applicable grace period) at the same rate, compounded semiannually.

Payment of Convertible Subordinated Notes. The Company shall pay the principal of and interest (including Liquidated Damages) on the Convertible Subordinated Notes on the dates and in the manner provided in the Convertible Subordinated Notes. Principal, interest, the Redemption Price or redemption price and the Designated Event Payment and the Related Transactions Payment shall be considered paid on the date due if the Trustee or Paying Agent (other than the Company or a Subsidiary subsidiary of the Company) holds as of 10:00 a.m. New York City time on that date immediately available funds designated for and sufficient to pay all principal, interest (including Liquidated Damages), the Redemption Price redemption price and the Designated Event Payment or the Related Transactions Payment then due; , provided, however, that money held by the Agent for the benefit of holders of Senior Debt pursuant to the provisions of Article XI 11 hereof or the payment of which to the holders of the Convertible Subordinated Notes is prohibited by Article XI 11 shall not be considered to be designated for the payment of any principal of or interest on the Convertible Subordinated Notes within the meaning of this Section 4.01. To the extent lawful, the Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on (i) overdue principal, at the rate borne by Convertible Subordinated Notes, compounded semiannually; and (ii) overdue installments of interest (without regard to any applicable grace period) at the same rate, compounded semiannually.

Payment of Convertible Subordinated Notes. The Company shall pay the principal of and interest (including Liquidated Damages) on the Convertible Subordinated Notes on the dates and in the manner provided in the Convertible Subordinated Notes. Principal, interest, the Redemption Price or redemption price and the Designated Event Payment shall be considered paid on the date due if the Trustee or Paying Agent (other than the Company or a Subsidiary subsidiary of the Company) holds as of 10:00 a.m. a.m., New York City time time, on that date immediately available funds designated for and sufficient to pay all principal, interest (including Liquidated Damages), the Redemption Price and redemption price or the Designated Event Payment then due; , provided, however, that money held by the Agent for the benefit of holders of Senior Debt pursuant to the provisions of Article XI 11 hereof or the payment of which to the holders of the Convertible Subordinated Notes is prohibited by Article XI 11 shall not be considered to be designated for the payment of any principal of or interest on the Convertible Subordinated Notes within the meaning of this Section 4.01. To the extent lawful, the Company shall pay interest (including post-post- petition interest in any proceeding under any Bankruptcy Law) on (i) overdue principal, at the rate borne by Convertible Subordinated Notes, compounded semiannually; and (ii) overdue installments of interest (without regard to any applicable grace period) at the same rate, compounded semiannually.

Payment of Convertible Subordinated Notes. The Company shall pay the principal of and interest (including Liquidated Damages) on the Convertible Subordinated Notes on the dates and in the manner provided in the Convertible Subordinated Notes. Principal, interest, the Redemption Price or redemption price and the Designated Event Payment shall be considered paid on the date due if the Trustee or Paying Agent (other than the Company or a Subsidiary of the Company) holds as of 10:00 a.m. New York City time on that date immediately available funds designated for and sufficient to pay all principal, interest (including Liquidated Damages)interest, the Redemption Price redemption price and the Designated Event Payment then due; provided, howeverPROVIDED, HOWEVER, that money held by the Agent for the benefit of holders of Senior Debt pursuant to the provisions of Article XI 11 hereof or the payment of which to the holders of the Convertible Subordinated Notes is prohibited by Article XI 11 shall not be considered to be designated for the payment of any principal of or interest on the Convertible Subordinated Notes within the meaning of this Section 4.014.1. To the extent lawful, the Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on (i) overdue principal, at the rate borne by Convertible Subordinated Notes, compounded semiannually; and (ii) overdue installments of interest (without regard to any applicable grace period) at the same rate, compounded semiannually.