Payment of Deferred Interest. The Company shall not pay deferred interest (including compounded interest thereon) on the Debentures on any Interest Payment Date during any Deferral Period from any source other than Eligible APM Proceeds unless (x) required by an applicable regulatory authority, (y) permitted under clause (vi) of Section 2.1(g) or (z) an Event of Default has occurred and is continuing. Notwithstanding the foregoing, the Company may pay current interest during a Deferral Period from any available funds. To the extent that the Company is able to raise some, but not all, Eligible APM Proceeds to pay accrued and unpaid interest on the applicable Interest Payment Date, such Eligible APM Proceeds shall be allocated first to deferred payments of accrued and unpaid interest in chronological order based on the date each payment was first deferred. If any Indebtedness of the Company that ranks pari passu with the Debentures is outstanding in addition to the Debentures under which the Company is obligated to sell APM Qualifying Securities and apply the net proceeds to the payment of deferred interest or distributions, then on any date and for any period the amount of Eligible APM Proceeds received by the Company from such sales and available for payment of the deferred interest and distributions shall be applied to the Debentures and such pari passu securities on a pro rata basis up to, in the case of Common Stock, the Stock and Warrant Issuance Cap and the Maximum Share Number, in the case of Qualifying Warrants, the Stock and Warrant Issuance Cap and the Maximum Warrant Number and, in the case of Qualifying Non-Cumulative Preferred Stock, the Preferred Stock Issuance Cap (or comparable provisions in the instruments governing such pari passu securities) in proportion to the total amounts that are due on the Debentures and such pari passu securities. The Company may make such pro rata payments on such pari passu securities so long as it shall have paid or deposited with the paying agent for the Debentures or shall have segregated and holds in trust for payment the pro rata proceeds applicable to the Debentures that have not been paid. The "Maximum Share Number" will initially equal 100,000,000 and the "Maximum Warrant Number" will initially equal 100,000,000; provided that, if the number of issued and outstanding shares of Common Stock is changed into a different number of shares or a different class by reason of any stock split, reverse stock split, stock dividend, reclassificati...
Payment of Deferred Interest. On the Maturity Date or if the principal amount of the Debentures shall have been accelerated and such acceleration has not been rescinded, the Company shall pay all accrued and unpaid interest, including deferred interest, from any available funds. On any Interest Payment Date the Company may pay any accrued and unpaid interest from any available funds.
Payment of Deferred Interest. The accrued Deferred Interest (including all interest thereon) shall be due and payable in full in one lump sum upon the earliest occurrence of any of the following events: (a) the Term Loan Maturity Date, or (b) the date that all the Obligations hereunder are paid in full and the Loan Documents are terminated, or (c) the acceleration of the Obligations. Upon the occurrence of the events described in (a) or (c), Administrative Agent, on behalf of Lenders entitled thereto, either (i) may accept actual payment of all Deferred Interest (including all interest thereon) accrued prior to such date or (ii) may accept payment of 50% of such Deferred Interest and retain the right to obtain either the Warrants pursuant to the terms set forth in the Option and Warrant Agreement or the remainder of the Deferred Interest. Upon the payment in full of the Obligations hereunder and the termination of the Loan Documents, Administrative Agent, on behalf of such Lenders, must choose to either (i) accept payment of 50% of such Deferred Interest and the Warrants, or (ii) accept actual payment of all Deferred Interest (including all interest thereon) accrued prior to such date. If such Lenders have exercised the Option in accordance with the terms of the Option and Warrant Agreement, then Administrative Agent, on behalf of such Lenders, shall be entitled to receive payment of only 50% of such accrued Deferred Interest, but may (at their election) treat any accrued but foregone Deferred Interest (including all interest thereon) as additional exercise price paid for the Warrant Shares if and when such Warrants are exercised. Deferred Interest shall not be prepaid without the prior written consent of Administrative Agent.
Payment of Deferred Interest. The Company will not pay deferred interest on the LoTSSM before the Final Repayment Date or at any time an Event of Default has occurred and is continuing from any source other than Eligible Proceeds. Notwithstanding the foregoing, (i) the Company may pay current interest during a Deferral Period or at any other time from any available funds and (ii) if a Supervisory Event has occurred and is continuing, then the Company may (but is not obligated to) pay deferred interest with cash from any source. In addition, if the Company sells Qualifying APM Securities pursuant to Section 2.7 but a Supervisory Event arises from the Federal Reserve disapproving the use of the proceeds to pay deferred interest, the Company may use the proceeds for other purposes and continue to defer interest on the LoTSSM.
Payment of Deferred Interest. The Company will not pay any deferred interest on the Debentures (including Additional Interest thereon) from any source other than Eligible Proceeds prior to the Final Maturity Date, except at any time that the principal amount has been accelerated and such acceleration has not been rescinded or in the case of a Business Combination to the extent described below in this Section 2.5(c). Notwithstanding the foregoing, the Company may pay current interest from any available funds.
Payment of Deferred Interest. Deferred Interest shall be paid by the Borrower to the Lenders on the earlier of:
Payment of Deferred Interest. The Company shall not pay on any Interest Payment Date interest that has accrued on the ICONs during the quarterly interest period immediately preceding such Interest Payment Date, unless the Company pays therewith all accrued and unpaid interest (including any Additional Interest) at such time outstanding on the ICONs, including without limitation interest that has been deferred pursuant to clause (g) or clause (h) above.
Payment of Deferred Interest. The Company will not pay any deferred interest (including Additional Interest) on the Debentures except in accordance with Section 2.06 prior to the Final Maturity Date, except at any time that the principal amount of the Debentures shall have been accelerated and such acceleration has not been rescinded or in the case of a Business Combination to the extent provided below in Section 2.05(c). On the Final Maturity Date or if the principal amount of the Debentures shall have been accelerated and such acceleration has not been rescinded, the Company shall pay all accrued and unpaid interest, including deferred interest (including Additional Interest), from any available funds. Notwithstanding the foregoing, on any Interest Payment Date the Company may pay the current interest accrued during the immediately preceding Interest Period from any available funds.
Payment of Deferred Interest. (i) Commencing on the earlier of (A) the Fifth Deferral Anniversary and (B) the date of any payment of current interest on the Debentures during an Optional Deferral Period, if any Deferred Interest is outstanding, the Company shall continuously use its Commercially Reasonable Efforts to effect sales of Qualifying APM Securities in an amount that will generate sufficient net Eligible Equity Proceeds to enable the Company to pay in full all Deferred Interest on the Debentures then outstanding. Notwithstanding (and as a qualification to) the foregoing or any other provision of this Supplemental Indenture, (x) the Company shall not be obligated to make offers for or effect sales of Qualifying APM Securities during the occurrence and continuation of a Market Disruption Event or a Supervisory Event, (y) the Company will be permitted to pay Deferred Interest using cash from any source upon the occurrence of a Supervisory Event as provided for in paragraph (v) of Section 2.1(g) and (z) the Company shall not pay interest on the Debentures at a time when such payment would violate a specific prohibition against payment of interest contained in the terms of any Parity Securities or securities ranking senior to the Debentures upon a liquidation of the Company. The Company’s obligation to use Commercially Reasonable Efforts to sell Qualifying APM Securities to pay all Deferred Interest on the Debentures shall resume at such time as no Market Disruption Event or Supervisory Event exits or is continuing.
Payment of Deferred Interest. The Deferred Interest shall be repaid in six equal monthly installments, together with interest accruing on the unpaid amount thereof, on the last day of each calendar month commencing on April 30, 1996 (unless such Deferred Interest has been repaid pursuant to a prepayment as provided in SECTION 2.8 and SECTION 2.9). Each such payment shall be paid to the Agent for the benefit of the Existing Lenders, shall be payable to each Existing Lender in an amount equal to such Existing Lender's Pro Rata Share of the Deferred Interest as provided in SECTION 2.11.
