Payment of Notes on Default; Suit Therefor. The Issuer covenants that (a) if default shall be made in the payment of any installment of interest upon the Notes as and when the same shall become due and payable, and such default shall have continued for a period of 30 days, or (b) if default shall be made in the payment of the principal of, and premium, if any, on the Notes as and when the same shall have become due and payable, whether at maturity of the Notes or upon redemption or by declaration or otherwise, then, upon demand of the Trustee, the Issuer will pay to the Trustee, for the benefit of the Holders, the whole amount that then shall have become due and payable on all such Notes for principal, and premium, if any, or interest, if any, or both, as the case may be, with interest upon the overdue principal and (to the extent that payment of such interest is enforceable under applicable law) upon the overdue installments of interest, if any, at the rate borne by the Notes; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including a reasonable compensation to the Trustee, its agent, attorneys and counsel, and any expenses or liabilities incurred by the Trustee hereunder other than through its negligence or bad faith. If the Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any actions or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Issuer or any other obligor on the Notes and collect in the manner provided by law out of the property of the Issuer or any other obligor on the Notes, wherever situated, the moneys adjudged or decreed to be payable. If there shall be pending proceedings for the bankruptcy or for the reorganization of the Issuer or any other obligor on the Notes under any bankruptcy, insolvency or other similar law now or hereafter in effect, or if a receiver or trustee or similar official shall have been appointed for the property of the Issuer or such other obligor, or in the case of any other similar judicial proceedings relative to the Issuer or other obligor on the Notes, or to the creditors or property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of the Notes shall then be ...
Payment of Notes on Default; Suit Therefor. (a) The Company covenants that (1) in case default shall be made in the payment of any installment of interest upon any of the Notes as and when the same shall become due and payable, and such default shall have continued for a period of 30 days, or (2) in case default shall be made in the payment of the principal of or premium, if any, on any of the Notes as and when the same shall have become due and payable, whether at maturity of the Notes or in connection with any redemption or repurchase hereunder, by declaration or otherwise, then the Company will pay to the Holders the whole amount that then shall have become due and payable on the Notes for principal and premium, if any, or interest, or both, as the case may be, with interest upon the overdue principal and premium, if any, and (to the extent that payment of such interest is enforceable under applicable law) upon the overdue installments of interest at the rate then borne by the Notes and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection.
Payment of Notes on Default; Suit Therefor. (a) The Company covenants that in case of:
Payment of Notes on Default; Suit Therefor. The Corporation covenants that (i) in case default shall be made in the payment of any installment of interest, on any of the Notes of a series as and when the same shall become due and payable, and such default shall have continued for a period of 30 days, or (ii) in case default shall be made in the payment of the principal of the Notes of a series as and when the same shall have become due and payable, whether at maturity of the Notes of such series or by acceleration or otherwise, then, upon demand of the Trustee, the Corporation will pay to the Trustee, for the benefit of the holders of such series of Notes, the whole amount that then shall have become due and payable on all such Notes for principal or interest or both, as the case may be, with interest upon the overdue principal and (to the extent that payment of such interest is enforceable under applicable law) upon the overdue installments of interest at the rate borne by such Notes; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including reasonable compensation to the Trustee, its agents, attorneys and counsel, and any other amount due to the Trustee pursuant to Section 6.06. In case the Corporation shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any actions or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Corporation or any other obligor on such series of Notes and collect in the manner provided by law out of the property of the Corporation or any other obligor on such series of Notes, wherever situated, the moneys adjudged or decreed to be payable.
Payment of Notes on Default; Suit Therefor. (a) The Company covenants that (i) in case Default shall be made in the payment of any installment of Interest upon any of the Notes as and when the same shall become due and payable, or (ii) in case Default shall be made in the payment of the principal of any of the Notes as and when the same shall have become due and payable, whether at the Maturity Date or otherwise pursuant to this Agreement or the Notes, then the Company will pay to the Note Agent, for the benefit of the Noteholders, the whole amount that then shall have become due and payable on all such Notes for principal or Interest, or both, as the case may be, with Interest upon the overdue principal; and, in addition thereto, upon demand of the Note Agent, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, including reasonable compensation to the Note Agent, its agents, attorneys and counsel, and any reasonable expenses or liability incurred by the Note Agent hereunder other than through its gross negligence or bad faith.
Payment of Notes on Default; Suit Therefor. (a) The Company covenants that in case of: (1) default in the payment of any installment of interest upon any of the Notes as and when the same shall become due and payable, and continuance of such default for a period of 30 days; or
Payment of Notes on Default; Suit Therefor. SECTION 10.3. Application of Moneys Collected by Trustee
Payment of Notes on Default; Suit Therefor. (a) In case the Company shall fail forthwith to pay the Holders all amounts due and payable to them following any Event of Default specified in clauses (i) or (ii) of Section 8.01(a) upon demand, the Holder Representative, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any actions or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute the action or proceeding to judgment or final decree, enforce any judgment or final decree against the Company upon the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law.
Payment of Notes on Default; Suit Therefor. (a) In case default shall be made in the payment of (i) any installment of interest upon any of the Notes as and when the same shall become due and payable, and such
Payment of Notes on Default; Suit Therefor. The Company covenants that in the case of an Event of Default, and acceleration of maturity pursuant to 7.1, or maturity in accordance with their terms, and upon demand, the Company will pay to the holders of the Notes, the whole amount that then shall have become due and payable for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is legally enforceable) upon the overdue installments of interest at the rate per annum expressed above, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including reasonable compensation for agents, attorneys and counsel.
