Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 211 contracts
Samples: Junior Subordinated Indenture (Lakeland Bancorp Inc), Junior Subordinated Indenture (Republic Bancorp Inc /Ky/), Junior Subordinated Indenture (Levitt Corp)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 28 contracts
Samples: Indenture (FCB/Sc Capital Trust I), FCB Nc Capital Trust I, Sun Capital Trust
Payment Permitted If No Default. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.213.2 or under the conditions described in Sections 13.3 and 13.4, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8XIII.
Appears in 16 contracts
Samples: Silicon Valley Bancshares, Silicon Valley Bancshares, Indenture (WSFS Financial Corp)
Payment Permitted If No Default. Nothing contained in this Article XII XIV or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyGuarantor, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 14.2 or of any Proceeding referred to in Section 12.214.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.814.8) that such payment would have been prohibited by the provisions of this Article XIIXIV, except as provided in Section 12.814.8.
Appears in 12 contracts
Samples: Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyCorporation, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 11 contracts
Samples: Bb&t Capital Trust I, Dime Capital Trust Ii, Dime Bancorp Inc
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.213.2 or under the conditions described in Sections 13.3 and 13.4, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 11 contracts
Samples: Declaration of Trust (Provident Capital Trust Iii), Guarantee Agreement (Comerica Capital Trust Ii), Declaration of Trust (First Security Capital V)
Payment Permitted If No Default. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 10 contracts
Samples: Junior Subordinated Indenture (American Safety Insurance Group LTD), Allegiant Bancorp Inc, Provident Trust Ii
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture Indenture, or in any of the Securities Securities, shall prevent (a) the Company, Company at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or the pendency of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 9 contracts
Samples: Indenture (First Tennessee National Corp), Indenture (Bankamerica Corp/De/), Indenture (First Tennessee Capital Iv)
Payment Permitted If No Default. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyCorporation, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8XIII.
Appears in 7 contracts
Samples: Trust Agreement (DPL Inc), Indenture (Centura Banks Inc), Colonial Bancgroup Inc
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it the Trustee did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 7 contracts
Samples: Gainsco Inc, Peoples Bancorp of North Carolina Inc, Assuranceamerica Corp
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium of, premium, if any, or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium of, premium, if any, or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 6 contracts
Samples: Subordinated Indenture (Great Wolf Resorts, Inc.), New Century Financial Corp, Great Wolf Resorts, Inc.
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.21202 or under the conditions described in Sections 1203 and 1204, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money or Government Obligations deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at least three Business Days prior to the time of such application by the Trustee, it a Responsible Officer of the Trustee did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 5 contracts
Samples: Fisher Scientific International Inc, Phoenix Companies Inc/De, Hartford Financial Services Group Inc/De
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (ai) the Company, Corporation at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or (bii) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 4 contracts
Samples: Scana Corp, South Carolina Electric & Gas Co, Scana Corp
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.213.02 or under the conditions described in Sections 13.03 and 13.04, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such payment by the Company or application by the Trustee, as the case may be, it did not have knowledge (in accordance with Section 12.8) that such payment or application, as the case may be, would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 4 contracts
Samples: Southern Financial Capital Trust I, Resource Capital Trust I, Guaranty Capital Trust I
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities Debentures shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.212.2 or under the conditions described in Sections 12.3 and 12.4, from making payments at any time of principal of and any premium (or premium, if any) or interest (including any Additional Interest) on the Securities Debentures, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of and any premium (or premium, if any) or interest (including any Additional Interest, if any) on the Securities Debentures or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it a Responsible Officer of the Trustee did not have actual knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 4 contracts
Samples: Trust Agreement (Ilm Ii Senior Living Inc /Va), Agreement and Plan of Merger (Capital Senior Living Corp), Trust Agreement (Ilm Senior Living Inc /Va)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.212.2 or under the conditions described in Sections 12.3 and 12.4, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 3 contracts
Samples: First Interstate Bancsystem of Montana Inc, Fib Capital Trust, Fib Capital Trust
Payment Permitted If No Default. Nothing contained in this Article ARTICLE XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section SECTION 12.2 or of any Proceeding referred to in Section SECTION 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section SECTION 12.8) that such payment would have been prohibited by the provisions of this Article ARTICLE XII, except as provided in Section SECTION 12.8.
Appears in 3 contracts
Samples: Indenture (Bankatlantic Bancorp Inc), Trust Agreement (Bankatlantic Bancorp Inc), Uici
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8. SECTION 12.4.
Appears in 3 contracts
Samples: Simmons First National Corp, Simmons First National Corp, Simmons First National Corp
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 3 contracts
Samples: Indenture (Seacoast Financial Services Corp), CCC Capital Trust Ii, Seacoast Financial Services Corp
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture Indenture, or in any of the Securities Securities, shall prevent (a) the Company, Company at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or the pendency of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 3 contracts
Samples: Indenture (Citizens Banking Corp), Indenture (Keycorp Institutional Capital A), Citizens Funding Trust IV
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyCorporation, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 14.2 or of any Proceeding referred to in Section 12.214.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.814.8) that such payment would have been prohibited by the provisions of this Article XIIArticle, except as provided in Section 12.814.8.
Appears in 3 contracts
Samples: Indenture (Everest Re Capital Trust Iii), Everest Re Capital Trust, Everest Re Group LTD
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities Debentures shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.212.2 or under the conditions described in Sections 12.3 and 12.4, from making payments at any time of principal of and any premium (or premium, if any) or interest (including any Additional Interest) on the Securities Debentures, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of and any premium (or premium, if any) or interest (including any Additional Interest) on the Securities Debentures or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it a Responsible Officer of the Trustee did not have actual knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 3 contracts
Samples: Newfield Exploration Co /De/, Newell Financial Trust I, Dura Automotive Systems Inc
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.21302 or under the conditions described in Sections 1303 and 1304, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money or Government Obligations deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 3 contracts
Samples: Nevada Power Co, Nevada Power Co, Hartford Capital Iv /De/
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of and any premium of(and premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 3 contracts
Samples: Equitable Resources Capital Trust I, Equitable Resources Capital Trust I, Equitable Resources Inc /Pa/
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during under the pendency of circumstances referred to in Section 12.02 or under the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.212.03, from making payments at any time of principal of and any premium of, premium, if any, or interest (including on or any Additional Interest) on Amounts with respect to the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of and any premium of, premium, if any, or interest (including on or any Additional Interest) on Amounts with respect to the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with within the meaning of Section 12.8) 12.09 that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 2 contracts
Samples: Magnum Hunter Resources Inc, Pentegra Dental Group Inc
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 2 contracts
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Guarantor or the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Thornburg Mortgage Inc), Junior Subordinated Indenture (Thornburg Mortgage Inc)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at two Business Days prior to the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 2 contracts
Samples: City Holding Capital Trust Ii, United Community Capital Trust
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.213.2 or under the conditions described in Sections 13.3 and 13.4, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it a Responsible Officer of the Trustee did not have actual knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 2 contracts
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture Indenture, or in any of the Securities Securities, shall prevent (a) the Company, Issuer at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 16.2 or the pendency of any Proceeding referred to in Section 12.216.2, from making payments at any time of principal of and any premium premium, if any, or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium premium, if any, or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 2 contracts
Samples: Indenture (Idacorp Trust Iii), Indenture (Idacorp Trust Iii)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 1402 or of any Proceeding referred to in Section 12.21402, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on and any Additional Amounts with respect to the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on and any Additional Amounts with respect to the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.81408) that such payment would have been prohibited by the provisions of this Article XIIArticle, except as provided in Section 12.81408.
Appears in 2 contracts
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during under the pendency of circumstances referred to in Section 12.02 or under the conditions described in paragraph (a) of Section 12.2 12.03 or of any Proceeding referred to in Section 12.212.04, from making payments at any time of principal of and any premium of, premium, if any, or interest (including on or any Additional Interest) on Amounts with respect to the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of and any premium of, premium, if any, or interest (including on or any Additional Interest) on Amounts with respect to the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with within the meaning of Section 12.8) 12.10 that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 2 contracts
Samples: Indenture (Innovative Valve Technologies Inc), American Residential Services Inc
Payment Permitted If No Default. Nothing contained in this ------------------------------- Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.213.02 or under the conditions described in Sections 13.03 and 13.04, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such payment by the Company or application by the Trustee, as the case may be, it did not have knowledge (in accordance with Section 12.8) that such payment or application, as the case may be, would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 2 contracts
Samples: Commonwealth Bankshares Inc, Commonwealth Bankshares Inc
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Debt Securities shall prevent (a) the CompanyIssuer, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.214.02 or under the conditions described in Sections 14.03 and 14.04, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Debt Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Debt Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 2 contracts
Samples: Indenture (Financial Security Assurance Holdings LTD/Ny/), Financial Security Assurance Holdings LTD/Ny/
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.212.2(b), from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 2 contracts
Samples: Trust Agreement (Hanmi Financial Corp), Trust Agreement (Hanmi Financial Corp)
Payment Permitted If No Default. Nothing contained in this Article XII XIV or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.214.2 or under the conditions described in Sections 14.3 and 14.4, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8XIV.
Appears in 2 contracts
Samples: Asbc Capital Ii, Associated Banc-Corp
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, (y) it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.812.8 or (z) it had not received notice of a Wachovia Event of Default.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Orleans Homebuilders Inc), Orleans Homebuilders Inc
Payment Permitted If No Default. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in any of the Securities shall prevent (ai) the Company, Corporation at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or (bii) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8XIII.
Appears in 1 contract
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.Article. 95 - 89 -
Appears in 1 contract
Samples: National Penn Bancshares Inc
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 14.2 or of any Proceeding referred to in Section 12.214.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.814.8) that such payment would have been prohibited by the provisions of this Article XIIArticle, except as provided in Section 12.814.8.
Appears in 1 contract
Samples: MRM Capital Trust Iii
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture ----------- or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 ------------ or of any Proceeding referred to in Section 12.2, from making payments at any ------------ time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of ------------ this Article XII, except as provided in Section 12.8.. ----------- ------------
Appears in 1 contract
Samples: Indenture (First Banks, Inc)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium premium, if any, or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium premium, if any, or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 1 contract
Samples: Windrose Medical Properties Trust
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyBank, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 1 contract
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.. Ind- TRUPs
Appears in 1 contract
Samples: Indenture (North State Bancorp)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, 12.2 from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 1 contract
Samples: Ramco Gershenson Properties Trust
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, if at the time of such application by the Trustee, (1) it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.812.8 or (2) it had not received a Senior Default Notice by 10:00 a.m. New York time on the day prior to such time.
Appears in 1 contract
Samples: Medallion Financial Corp
Payment Permitted If No Default. Nothing contained in this Article XII XVII or elsewhere in this Indenture or in any of the Securities Debentures shall prevent (a) the CompanyGuarantor, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 17.2 or of any Proceeding referred to in Section 12.217.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities Debentures or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities Debentures or the retention of such payment by the Holdersholders of the Debentures, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.817.8) that such payment would have been prohibited by the provisions of this Article XIIXVII, except as provided in Section 12.817.8.
Appears in 1 contract
Payment Permitted If No Default. Nothing contained in this Article XII XII, or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 1 contract
Samples: Junior Subordinated Indenture (American Equity Investment Life Holding Co)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 14.2 or of any Proceeding referred to in Section 12.214.2, from making payments at any time of principal of and of, any premium or interest (including any Additional Interest) on and any Additional Amounts with respect to the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and of, any premium or interest (including any Additional Interest) on and any Additional Amounts with respect to the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.814.8) that such payment would have been prohibited by the provisions of this Article XIIArticle, except as provided in Section 12.814.8.
Appears in 1 contract
Samples: MRM Capital Trust Iii
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.,
Appears in 1 contract
Samples: Indenture (Tower Group, Inc.)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.. EXHIBIT 4.2
Appears in 1 contract
Samples: Pab Bankshares Inc
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of any Proceeding 77 referred to in Section 13.2 or under the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2Sections 13.3 and 13.4, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 1 contract
Samples: Comerica Inc /New/
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanySuccess Bancshares, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 1 contract
Samples: Success Bancshares Inc
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, 12.2(b). from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, . except as provided in Section 12.8.
Appears in 1 contract
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 1 contract
Payment Permitted If No Default. Nothing contained in this Article ARTICLE XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section SECTION 12.2 or of any Proceeding referred to in Section SECTION 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section SECTION 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section SECTION 12.8.
Appears in 1 contract
Samples: Uici
Payment Permitted If No Default. Nothing contained in ------------- ------------------------------- this Article XII XIII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.213.2 or under the conditions described in Sections 13.3 and 13.4, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8XIII.
Appears in 1 contract
Samples: Chittenden Capital Trust I
Payment Permitted If No Default. Nothing contained in this Article XII 10 or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.210.2 or under the conditions described in Sections 10.3 and 10.4, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) except with respect to the payment over provisions of this Article 10, the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, Holders if, at the time of such application by the Trustee, it the Trustee did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.810.
Appears in 1 contract
Samples: Trustmark Capital Trust I
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including . any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment payment. by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, XII except as provided in Section 12.8.
Appears in 1 contract
Samples: Novastar Financial Inc
Payment Permitted If No Default. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.213.2 or under the conditions described in Sections 13.3 and 13.4, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holdersholders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8XIII.
Appears in 1 contract
Samples: Praegitzer Industries Inc
Payment Permitted If No Default. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in any of the Securities shall prevent (ai) the Company, at any time, except during the pendency of the conditions described in paragraph (aSection 13.2(1) of Section 12.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (bii) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8XIII.
Appears in 1 contract
Samples: BSB Capital Trust I
Payment Permitted If No Default. Nothing contained in this Article XII XIV or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyGuarantor, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 14.2 or of any Proceeding referred to in Section 12.214.2, from making payments at any time of principal of and any premium premium, if any, or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium premium, if any, or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.814.8) that such payment would have been prohibited by the provisions of this Article XIIXIV, except as provided in Section 12.814.8.
Appears in 1 contract
Samples: Windrose Medical Properties Trust
Payment Permitted If No Default. Nothing contained in -------------------------------- this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.214.02 or under the conditions described in Sections 14.03 and 14.04, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such payment by the Company or application by the Trustee, as the case may be, it did not have knowledge (in accordance with Section 12.8) that such payment or application, as the case may be, would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.Article. 103
Appears in 1 contract
Samples: Central Fidelity Capital Trust I
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture Indenture, or in any of the Securities Securities, shall prevent (a) the Company, Group at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or the pendency of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 1 contract
Samples: Subordinated Indenture (Delphi Financial Group Inc/De)
Payment Permitted If No Default. Nothing contained in this Article XII XIV or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyGuarantor, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 14.2 or of any Proceeding referred to in Section 12.214.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities pursuant to the Guarantee or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities pursuant to the Guarantee or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.814.8) that such payment would have been prohibited by the provisions of this Article XIIXIV, except as provided in Section 12.814.8.
Appears in 1 contract
Samples: Flagstone Reinsurance Holdings LTD
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 1602 or of any Proceeding referred to in Section 12.21602, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 1 contract
Samples: Subordinated Indenture (Inco LTD)
