Common use of Payments of Principal and Interest Clause in Contracts

Payments of Principal and Interest. Seven days prior to the first and 15th calendar days of each month, the Trustee will deliver to the Company and DTC a written notice specifying by CUSIP number the amount of interest, if any, to be paid on each Note on the following Interest Payment Date (other than an Interest Payment Date coinciding with a Maturity Date) and the total of such amounts. DTC will confirm the amount payable on each Note on such Interest Payment Date by reference to the daily bond reports published by S&P. On such Interest Payment Date, the Company will pay to the Trustee, and the Trustee in turn will pay to DTC, such total amount of interest due (other than on the Maturity Date), at the times and in the manner set forth below under “Manner of Payment.” Payments on the Maturity Date. Seven days prior to the first and 15th calendar days of each month, the Trustee will deliver to the Company and DTC a written list of principal, premium, if any, and interest to be paid on each Note maturing or subject to redemption (pursuant to a sinking fund or otherwise) or repayment in the following month. The Trustee, the Company and DTC will confirm the amounts of such principal, premium, if any, and interest payments with respect to each Note on or about the fifth Business Day preceding the Maturity Date of such Note. On the Maturity Date, the Company will pay to the Trustee, and the Trustee in turn will pay to DTC, the principal amount of such Note, together with interest and premium, if any, due on such Maturity Date, at the times and in the manner set forth below under “Manner of Payment.” If the Maturity Date of any Note is not a Business Day, the payment due on such day shall be made on the next succeeding Business Day and no interest shall accrue on such payment for the period from and after such Maturity Date.

Appears in 2 contracts

Samples: Selling Agent Agreement (Jefferies Group Inc /De/), Selling Agent Agreement (Bank of America Corp /De/)

AutoNDA by SimpleDocs

Payments of Principal and Interest. Seven days a. Pre-Payment and Payment of Principal and Interest. The Company may pay this Note in full, together With any and all accrued and unpaid interest, plus any applicable ore-payment premium set forth herein and subject to the terms of this Section 1 a, at any time on or prior to the first date which occurs 180 days after the Issuance Date hereof (the "Prepayment Date"). In the event the Note is not prepaid in full on or before the Prepayment Date, it shall be deemed a "Pre-Payment Default" hereunder. Until the Ninetieth (90th) day after the Issuance Date the Company may pay the principal at a cash redemption premium of 135%, in addition to outstanding interest, without the Holder's consent; from the 91st day to the One Hundred and 15th calendar days of each monthTwentieth (120th) day after the Issuance Date, the Trustee will deliver Company may pay the principal at a cash redemption premium of 140%, in addition to outstanding interest, without the Holder's consent, from the 121st day to the Prepayment Date, the Company and DTC may pay the principal at a written notice specifying by CUSIP number cash redemption premium of 145%, in addition to outstanding interest, without the Holder's consent. After the Prepayment Date up to the Maturity Date this Note shall have a cash redemption premium of 150% of the then outstanding principal amount of interestthe Note, plus accrued interest and Default Interest, if any, to which may only be paid on each Note on the following Interest Payment Date (other than an Interest Payment Date coinciding with a Maturity Date) and the total of such amounts. DTC will confirm the amount payable on each Note on such Interest Payment Date by reference to the daily bond reports published by S&P. On such Interest Payment Date, the Company will pay to the Trustee, and the Trustee in turn will pay to DTC, such total amount of interest due (other than on the Maturity Date), at the times and in the manner set forth below under “Manner of Payment.” Payments on the Maturity Dateupon Xxxxxx's prior written consent. Seven days prior to the first and 15th calendar days of each month, the Trustee will deliver to the Company and DTC a written list of principal, premium, if any, and interest to be paid on each Note maturing or subject to redemption (pursuant to a sinking fund or otherwise) or repayment in the following month. The Trustee, the Company and DTC will confirm the amounts of such principal, premium, if any, and interest payments with respect to each Note At any time on or about the fifth Business Day preceding the Maturity Date of such Note. On after the Maturity Date, the Company will pay to may repay the Trustee, and the Trustee in turn will pay to DTC, the then outstanding principal amount of such Note, together with plus accrued interest and premiumDefault Interest (defined below), if any, due to the Holder. b Demand of Repayment. The principal and interest balance of this Note shall be paid to the Holder hereof on such demand by the Holder at any time on or after the Maturity Date. The Default Amount (defined herein), at the times and in the manner set forth below under “Manner of Payment.” If the Maturity Date of any Note is not a Business Dayif applicable, the payment due on such day shall be made paid to Holder hereof on demand by the next succeeding Business Day Holder at any time such Default Amount becomes due and no interest shall accrue on such payment for the period from and after such Maturity Datepayable to Holder.

Appears in 2 contracts

Samples: Bemax, Inc., Bemax, Inc.

Payments of Principal and Interest. Seven days a. Pre-Payment and Payment of Principal and Interest. The Company may pay this Note in full, together with any and all accrued and unpaid interest, plus any applicable pre-payment premium set forth herein and subject to the terms of this Section 1.a, at any time on or prior to the first date which occurs 180 days after the Issuance Date hereof (the "Prepayment Date"). In the event the Note is not prepaid in full on or before the Prepayment Date, it shall be deemed a "Pre-Payment Default" hereunder. Until the Ninetieth (90th) day after the Issuance Date the Company may pay the principal at a cash redemption premium of 135%, in addition to outstanding interest, without the Holder's consent; from the 91st day to the One Hundred and 15th calendar days of each monthTwentieth (120th) day after the Issuance Date, the Trustee will deliver Company may pay the principal at a cash redemption premium of 140%, in addition to outstanding interest, without the Holder's consent; from the 121st day to the Prepayment Date, the Company and DTC may pay the principal at a written notice specifying by CUSIP number cash redemption premium of 145%, in addition to outstanding interest, without the Holder's consent. After the Prepayment Date up to the Maturity Date this Note shall have a cash redemption premium of 150% of the then outstanding principal amount of interestthe Note, plus accrued interest and Default Interest, if any, to which may only be paid on each Note on the following Interest Payment Date (other than an Interest Payment Date coinciding with a Maturity Date) and the total of such amounts. DTC will confirm the amount payable on each Note on such Interest Payment Date by reference to the daily bond reports published by S&P. On such Interest Payment Date, the Company will pay to the Trustee, and the Trustee in turn will pay to DTC, such total amount of interest due (other than on the Maturity Date), at the times and in the manner set forth below under “Manner of Payment.” Payments on the Maturity Dateupon Xxxxxx's prior written consent. Seven days prior to the first and 15th calendar days of each month, the Trustee will deliver to the Company and DTC a written list of principal, premium, if any, and interest to be paid on each Note maturing or subject to redemption (pursuant to a sinking fund or otherwise) or repayment in the following month. The Trustee, the Company and DTC will confirm the amounts of such principal, premium, if any, and interest payments with respect to each Note At any time on or about the fifth Business Day preceding the Maturity Date of such Note. On after the Maturity Date, the Company will pay to may repay the Trustee, and the Trustee in turn will pay to DTC, the then outstanding principal amount of such Note, together with plus accrued interest and premiumDefault Interest (defined below), if any, due on such Maturity Date, at to the times and in the manner set forth below under “Manner of PaymentCompany.” If the Maturity Date of any Note is not a Business Day, the payment due on such day shall be made on the next succeeding Business Day and no interest shall accrue on such payment for the period from and after such Maturity Date.

Appears in 1 contract

Samples: Bemax, Inc.

Payments of Principal and Interest. Seven days prior Subject to the first and 15th calendar days of each monthCompany's right to prepay this Note, the Trustee will deliver Company shall pay to Payee the principal amount of this Note on August 12, 2003. Upon payment in full of all outstanding principal of and interest on this Note, the Company's obligations in respect of payment of this Note shall terminate and Payee shall return this Note to the Company for cancellation. Payments of principal of and DTC a interest on this Note shall be made to Payee in lawful money of the United States of America by check payable to the order of SILLC at Spring Investment Limited Liability Company, c/o Xxxxx Xxxxxxxxxx, President, 00000 Xxxxxx Xxxxxx Xxxx, Xxxxx 000, Xxxxxxxx Xxxxx, Xxxxxxxxxx 00000, or such other place or places within the United States as may be specified by Payee in written notice specifying by CUSIP number to the Company at least 15 business days before any payment date. The Company shall have the right at any time and from time to time to prepay this Note in whole or in part, together with interest on the amount of interest, if any, to be paid on each Note on the following Interest Payment Date (other than an Interest Payment Date coinciding with a Maturity Date) and the total of such amounts. DTC will confirm the amount payable on each Note on such Interest Payment Date by reference prepaid to the daily bond reports published by S&P. On such Interest Payment Datedate of prepayment, without penalty or premium. Upon prepayment of part of the principal amount of this Note, the Company will pay may require Payee to present this Note for notation of such payment. Subject to the Trusteeprovisions of the Subordination Agreement, and the Trustee in turn will pay to DTCif any principal of or interest on this Note remains unpaid at August 12, 2003, such total unpaid principal and interest amount of interest shall become immediately due (other than and payable on the Maturity Date)August 12, at the times and in the manner set forth below under “Manner of Payment.” Payments on the Maturity Date. Seven days prior to the first and 15th calendar days of each month, the Trustee will deliver to the Company and DTC a written list of principal, premium, if any2003, and interest shall continue to be accrue on the unpaid principal amount hereof and, to the extent permitted by law, on the unpaid interest, at a rate of 8% per annum from such date until paid on each Note maturing or in full and, subject to redemption (pursuant to a sinking fund or otherwise) or repayment in the following monthSubordination Agreement and Section 2 hereof, shall be immediately due and payable. The Trustee, the Company and DTC will confirm the amounts of such principal, premium, if any, and interest payments with respect to each Note on or about the fifth Business Day preceding the Maturity Date of such Note. On the Maturity Date, the Company will pay Notwithstanding anything to the Trustee, and the Trustee in turn will pay to DTCcontrary contained herein, the principal amount of such Note, together with interest and premium, if any, due on such Maturity Date, at the times and in the manner set forth below under “Manner of Payment.” If the Maturity Date of any this Note is not a Business Day, the payment due on such day shall be made on reduced if any direct or indirect beneficiary of either Payee (as determined as of the next succeeding Closing Date) or any of such beneficiary's immediate family members (i) Does Business Day and with any Customer of the Company or any subsidiary of the Company or (ii) affiliate with (as an employer, officer, director, owner, employee, partner, agent, participant or otherwise) any person, corporation, partnership or other entity that Does Business with a then existing or former Customer of the Company or any subsidiary of the Company; provided that no interest shall accrue on such payment for the period from and after such Maturity Date.reduction

Appears in 1 contract

Samples: Physician Support Systems Inc

Payments of Principal and Interest. Seven days prior Subject to the first and 15th calendar days Payor's right to prepay this Note at any time, the Payor shall make annual principal payments on the last day of each monthApril beginning April 30, 2002 equal to the greater of (x) 20% of the original Principal Sum of this Note and (y) 50% of the Payor's annual after-tax bonus on account of the preceding fiscal year under the Executive Bonus Plan or such other annual bonus plan of the Payee adopted in lieu of the Executive Bonus Plan. In the event of the termination of employment of Payor for any reason and the exercise by Payee (or others) of the right to repurchase the Pledged Securities (as defined below) pursuant to the Securities Purchase and Stockholders' Agreement, dated May [ ], 1999, among the Payor, the Trustee Payee and others, the Payor shall promptly after such repurchase repay all then outstanding principal and interest under this Note. The Payee may setoff against any amounts owed to the Payor in connection with the repurchase of the Pledged Securities, amounts outstanding under this Note. Upon payment in full of all outstanding principal of and interest on this Note, the Payor's obligations in respect of this Note shall terminate, the Collateral (as defined below) will immediately be released from the Payee's security interest under Section 4, and the Payee shall deliver to the Company Payor the Pledged Securities and DTC all stock powers and other documents and instruments delivered to Payee in connection with the grant of a security interest in the Collateral. Payments of principal of and interest on this Note shall be made to Payee in lawful money of the United States of America by check payable to the order of The J.H. Xxxxxxx Xxxpany, Inc., 2105 Xxxxx Xxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxxx, Xxxxx Xxxxxxxx, 00000, xx such other place or places within the United States as may be specified by Payee in a written notice specifying by CUSIP number the amount of interest, if any, to be paid on each Note on the following Interest Payment Date (other than an Interest Payment Date coinciding with a Maturity Date) and the total of such amounts. DTC will confirm the amount payable on each Note on such Interest Payment Date by reference to the daily bond reports published by S&P. On such Interest Payment Date, the Company will pay to the Trustee, and the Trustee in turn will pay to DTC, such total amount of interest due (other than on the Maturity Date), Payor at the times and in the manner set forth below under “Manner of Payment.” Payments on the Maturity Date. Seven least 10 business days prior to the first and 15th calendar days of each month, the Trustee will deliver to the Company and DTC a written list of principal, premium, if any, and interest to be paid on each Note maturing or subject to redemption (pursuant to a sinking fund or otherwise) or repayment in the following monthbefore any payment date. The Trustee, Payor shall have the Company right at any time and DTC will confirm the amounts of such principal, premium, if any, and interest payments with respect from time to each time to prepay this Note on in whole or about the fifth Business Day preceding the Maturity Date of such Note. On the Maturity Date, the Company will pay to the Trustee, and the Trustee in turn will pay to DTC, the principal amount of such Notepart, together with interest and premium, if any, due on such Maturity Date, at the times and in the manner set forth below under “Manner of Payment.” If the Maturity Date of any Note is not a Business Day, the payment due on such day shall be made on the next succeeding Business Day and no interest shall accrue on such payment for amount prepaid to the period from and after such Maturity Datedate of prepayment, without penalty or premium.

Appears in 1 contract

Samples: Securities Purchase and Stockholders' Agreement (California Tire Co)

Payments of Principal and Interest. Seven days prior Interest - Annual interest payments will be due on June 30 of each year, and shall continue until the unpaid principal balance of this Note is paid in full. Borrower also has the option in the Investment Subscription Agreement to receive interest each year annually, or accrue interest and receive all payments of interest at Maturity Date. If Borrower elects to reinvest accrued interest, the interest will be compounded annually and added to the first and 15th calendar days principal balance of the Note on June 30 of each monthyear. Principal - At Lender’s election, the Trustee Xxxxxxxx will deliver to the Company and DTC a written notice specifying by CUSIP number the amount of interest, if any, to be paid on each Note on the following Interest Payment Date (other than an Interest Payment Date coinciding with a either pay Lender its principal at Maturity Date) , or may delay repayment of principal until all Community Investment Notes have been fully repaid (see below). All unpaid principal balance of this Note due and the total of such amounts. DTC will confirm the amount payable on each Note on such Interest Payment Date by reference owing to the daily bond reports published by S&P. On such Interest Payment DateLender, the Company will pay to the Trustee, and the Trustee in turn will pay to DTC, such total amount of interest due (other than on the Maturity Date), at the times and as it may be adjusted in the manner set forth below under “Manner below, and together with any accrued but unpaid interest, will be due and payable within 60 days following Maturity Date. The Maturity Date is June 30, 2023, but may, at Borrower’s option, be automatically extended for an additional five (5) year term such that the new Maturity Date is on the fifth anniversary of Payment.” Payments on the previous Maturity Date, unless Xxxxxx gives notice to Borrower not more than 180 days and not less than 30 days prior to the next Maturity Date that Lender does not wish to extend the Maturity Date. Seven days prior To the extent such payment exceeds the amount of accrued interest owed to the first and 15th calendar days Investor as of each month, the Trustee will deliver to the Company and DTC a written list of principal, premium, if any, and interest to be paid on each Note maturing or subject to redemption (pursuant to a sinking fund or otherwise) or repayment in the following month. The Trustee, the Company and DTC will confirm the amounts of such principal, premium, if any, and interest payments with respect to each Note on or about the fifth Business Day preceding the Maturity Date of such Note. On the Maturity Payment Date, the Company excess payment will pay to the Trustee, be deemed a repayment of principal and the Trustee in turn will pay to DTC, reduce the principal amount of such balance due under this Note, together with . Each payment to Lender will be accompanied by a statement summarizing payments since the previous Payment Date and indicating how each payment is calculated and how it is allocated between principal and interest. Borrower will have the ability to have all unpaid principal and interest become a donation to TechSoup. If Borrower elects to have any unpaid interest and principal treated as a donation to TechSoup, TechSoup will provide Borrower with appropriate documentation regarding such a donation. Notwithstanding any other provision contained herein, Borrower shall have the right to prepay any or all of the principal and outstanding interest owed hereunder at any time without penalty or premium, if any, due on such Maturity Date, at the times and in the manner set forth below under “Manner of Payment.” If the Maturity Date of any Note is not a Business Day, the payment due on such day shall be made on the next succeeding Business Day and no interest shall accrue on such payment for the period from and after such Maturity Date.

Appears in 1 contract

Samples: TechSoup Global

Payments of Principal and Interest. Seven days prior Accrued interest on this Debenture shall be paid semi-annually in arrears, on May 9 and November 9 of each year, commencing on November 9, 2008, or if such date is not a Business Day, on the next succeeding Business Day (each such payment date, an “Interest Payment Date”). Interest on the Debenture will accrue from the most recent date on which interest has been paid or, if no interest has been paid, from the Original Issue Date. Subject to the terms hereof, with respect to the first and 15th calendar days of each monthfour Interest Payment Dates, the Trustee will deliver initial Holder shall have the option to have interest paid by the Company in cash or Common Shares, and DTC thereafter (and at all times with respect to transferees of the initial Holder other than Affiliates), the Company shall, at its option, have the right to pay interest on each Interest Payment Date either in cash or Common Shares, or a written notice specifying by CUSIP number combination thereof. In order to exercise its right to pay interest in Common Shares, (A)(i) the amount of interest, if any, Common Shares to be paid on each Note on the following Interest Payment Date as interest shall be freely tradable pursuant to a effective registration statement or by non-affiliates pursuant to Rule 144 (other than an Interest Payment Date coinciding with a Maturity Dateor any successor or similar provision thereto) and (ii) the total Common Shares shall be listed on a Principal Market, the Toronto Stock Exchange or another national trading market and (B) the Company shall deliver to all the Holders of Debentures a written irrevocable notice in the form of Exhibit B-1 attached hereto electing to pay such amounts. DTC will confirm the amount payable on each Note interest on such Interest Payment Date by reference in Common Shares or a combination of cash and Common Shares (“Company Interest Election Notice”). In order to exercise its right to receive interest in Common Shares, an initial Holder shall deliver to the daily bond reports published Company a written irrevocable notice in the form of Exhibit B-2 attached hereto electing to receive such interest on such Interest Payment Date in Common Shares or a combination of cash and Common Shares (a “Holder Interest Election Notice”, and together with a Company Interest Election Notice, an “Interest Election Notice”). Such Interest Election Notice shall be delivered at least 10 calendar days prior to the applicable Interest Payment Date but no more than 60 calendar days prior to such Interest Payment Date (the date of such notice being hereinafter referred to as the “Interest Notice Date”). If the Company is electing to pay (or if the initial Holder is electing to receive) a combination of cash and Common Shares it shall specify the percentages of cash and Common Shares in the Interest Election Notice. If the Company elects to repay any interest in Common Shares, the number of such shares to be issued for such Interest Payment Date shall be the number determined by S&P. On dividing (x) amount of interest by (y) the VWAP for the ten consecutive Trading Days immediately before such Interest Payment Date. No fractional Common Shares shall be issued and the number of Common Shares to be issued will be rounded down to the nearest whole number of Common Shares. The holder of this Debenture shall be entitled to a cash payment representing the amount of interest in respect of such fractional Common Share which would otherwise be issuable. If such Interest Election Notice is not delivered within the prescribed period set forth above, then such payment shall be paid in cash. If the Holder does not receive the requisite number of Interest Shares within the three Trading Day period following the Interest Payment Date, the Company will shall (a) if the Holder is required by its broker to purchase (in an open market transaction or otherwise) Common Shares to deliver in satisfaction of a sale by the Holder of the Interest Shares which the Holder anticipated receiving upon such interest payment, then (1) pay in cash to the TrusteeHolder the amount by which (x) the Holder’s total purchase price (excluding brokerage commissions) for the Common Shares so purchased exceeds (y) the amount obtained by multiplying (A) the number of Interest Shares that the Company was required to deliver to the Holder in connection with the exercise at issue by (B) the price at which the sell order giving rise to such purchase obligation was executed, and (2) at the Trustee option of the Holder, either pay in turn will cash the full amount of the interest due or deliver to the Holder the number of Interest Shares that would have been issued had the Company timely complied with its delivery obligations hereunder, and (b) if the Holder so requests, then deem the election (whether by the Company or the Holder) to be cancelled and shall pay to DTC, such total the full amount of interest due hereunder (other than on together with any Default Interest) or such portion as the Maturity Date), at the times and in the manner set forth below under “Manner of Payment.” Payments on the Maturity Date. Seven days prior to the first and 15th calendar days of each month, the Trustee will deliver to the Company and DTC a written list of principal, premium, if any, and interest Holder specified is to be paid in cash instead of Interest Shares within five Business Days of such request by the Holder. All holders of Debentures must be treated equally with respect to such payment of interest in Common Shares. All payments of interest by the Company hereunder (but not including any deemed interest arising under the Income Tax Act (Canada) on each Note maturing a mandatory or subject to redemption elective conversion of the Debenture into Common Shares) shall be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, charges or withholdings, and all liabilities with respect thereto, imposed under Part XIII of the Income Tax Act (pursuant to a sinking fund or otherwiseCanada) or repayment any similar provision of the laws of a Province (collectively referred to as “Part XIII Taxes”). If the Company shall be required to deduct any Part XIII Taxes from or in respect of any deemed interest arising under the following month. The TrusteeIncome Tax Act (Canada) on a mandatory or elective conversion of the Debenture into Common Shares, the Company shall do so and DTC will confirm shall remit the amounts of such principal, premium, if any, and interest payments with respect same to each Note on or about the fifth Business Day preceding relevant governmental authority within the Maturity Date of such Notetime required. On the Maturity Date, If the Company will pay shall be required to deduct any Part XIII Taxes from or in respect of any interest payable hereunder to the TrusteeHolder (but not including any deemed interest arising under the Income Tax Act (Canada) on a mandatory or elective conversion of the Debenture into Common Shares) , and (i) the Trustee in turn will pay to DTC, the principal amount of such Note, together with interest and premium, if any, due on such Maturity Date, at the times and in the manner set forth below under “Manner of Payment.” If the Maturity Date of any Note is not a Business Day, the payment due on such day sum payable shall be made on increased by the next succeeding Business Day amount by which the sum payable would otherwise have to be increased (the “make-whole amount”) to ensure that after making all required deductions (including deductions applicable to the make-whole amount) the Holder would receive an amount equal to the sum it would have received had no such deductions been made, (ii) the Company shall make such deductions and no interest (iii) the Company shall accrue on such pay the full amount withheld or deducted to the relevant governmental authority within the time required. Any reference in this Debenture to any payment for the period from and after such Maturity Dateshall be deemed to also refer to any additional amount described above.

Appears in 1 contract

Samples: Interoil Corp

Payments of Principal and Interest. Seven days Promptly, after receipt of any Tier 2 Net Proceeds by AAC and provided that the Initial Call Date has occurred, AAC shall be obliged to redeem the Tier 2 Notes with such Tier 2 Net Proceeds. Non-cash Tier 2 Net Proceeds are deemed to be received after the receipt of a third party appraisal as to the fair market of the non-cash Tier 2 Net Proceeds. In addition, in the event that a payment (other than payments in connection with closing of the Rehabilitation Exit Transactions) is made on the GA SSNs (a “SSN Payment Date”) and provided that the Initial Call Date (as defined below) has occurred, AAC shall be obliged to redeem the Tier 2 Notes in an amount (the “SSN Payment”) equal to (a) the then outstanding accrued and unpaid interest and principal balance of the Tier 2 Notes, multiplied by (b) the Surplus Note Distribution Percentage, (as defined below) and by applying such proceeds to redeem the Tier 2 Notes in an amount equal to the maximum amount of principal that can be repaid with such SSN Payment, along with accrued and unpaid interest on such Tier 2 Notes to, but not including, the redemption date for such Tier 2 Notes. For the avoidance of doubt, it is contemplated that there can be multiple such distributions (in the event of multiple regulator approved payments to the GA SSNs). In the event of a SSN Payment Date prior to the first and 15th calendar days scheduled maturity of each month, the Trustee will deliver to the Company and DTC GA SSNs that includes a written notice specifying by CUSIP number the amount of interest, if any, to be paid on each Note on the following Interest Payment Date (other than an Interest Payment Date coinciding with a Maturity Date) and the total of such amounts. DTC will confirm the amount payable on each Note principal payment on such Interest Payment Date by reference to the daily bond reports published by S&P. On such Interest Payment DateGA SSNs, the Company will pay to the Trustee, and the Trustee in turn will pay to DTC, such total amount of interest due (other than on the Maturity Date), at the times and in the manner set forth below under “Manner of Payment.” Payments on the Maturity Date. Seven days occurring prior to the first one year anniversary of a payment of principal on the Tier 2 Notes (a “Recent Principal Payment”) and 15th calendar days provided that the Initial Call Date has occurred, in lieu of each monthmaking a SSN Payment as calculated in the prior paragraph, AAC shall be obliged to make a SSN Payment equal to: (a) the outstanding accrued and unpaid interest and principal balance of the Tier 2 Notes immediately prior to the Recent Principal Payment, multiplied by (b) the Surplus Note Distribution Percentage, (as defined below) and by applying such proceeds to redeem the Tier 2 Notes in an amount equal to the maximum amount of principal that can be repaid with such SSN Payment, along with accrued and unpaid interest on such Tier 2 Notes to, but not including, the Trustee will deliver redemption date for such Tier 2 Notes. For the avoidance of doubt, it is contemplated that there can be multiple such distributions (in the event of multiple regulator approved payments to the Company and DTC a written list of principalGA SSNs). At the maturity date, premium, if any, and interest or on any date on which the Tier 2 Notes are to be paid on each Note maturing or subject to redemption (pursuant to redeemed in whole, AAC will make a sinking fund or otherwise) or repayment payment of the then outstanding interest and principal balance of the Tier 2 Notes, in the following month. The Trustee, the Company and DTC will confirm the amounts of such principal, premium, if any, and interest payments with respect to each Note on or about the fifth Business Day preceding the Maturity Date of such Notefull. On any date on which the Maturity DateTier 2 Notes are to be redeemed in part, AAC will make a payment of the Company will pay to the Trustee, and the Trustee in turn will pay to DTC, the principal amount of such Note, together with interest and premium, if any, due on such Maturity Date, at the times and in the manner set forth below under “Manner of Payment.” If the Maturity Date of any Note is not a Business Day, the payment due on such day shall be made principal outstanding on the next succeeding Business Day Tier 2 Notes to be redeemed and no interest shall accrue on such payment for the period from and after such Maturity Dateany applicable make-whole premium.

Appears in 1 contract

Samples: Collateral Agreement (Ambac Financial Group Inc)

Payments of Principal and Interest. Seven days Pre-Payment and Payment of Principal and Interest. The Company may pay this Note in full, together with any and all accrued and unpaid interest, plus any applicable pre-payment premium set forth herein and subject to the terms of this Section 1.a, at any time on or prior to the first date which occurs 180 days after the Issuance Date hereof (the "PrepaymentDate"). In the event the Note is not prepaid in full on or before the Prepayment Date, it shall be deemed a "Pre-PaymentDefault" hereunder. Until the Ninetieth (90th) day after the Issuance Date the Company may pay the principal at a cash redemption premium of 135%, in addition to outstanding interest, without the Holder's consent; from the 91st day to theOne Hundred and 15th calendar days of each monthTwentieth (120th) day after the Issuance Date, the Trustee will deliver Company may pay the principal at a cashredemption premium of 140%, in addition to outstanding interest, without the Holder's consent; from the 121st day to the Prepayment Date, the Company and DTC may pay the principal at a written notice specifying by CUSIP number cash redemption premium of 145%, in addition to outstanding interest, without the Holder's consent. After the Prepayment Date up to the Maturity Date this Note shall have a cash redemption premium of 150% of the then outstanding principal amount of interestthe Note, plus accrued interest and Default Interest, if any, to which may only be paid on each Note on the following Interest Payment Date (other than an Interest Payment Date coinciding with a Maturity Date) and the total of such amounts. DTC will confirm the amount payable on each Note on such Interest Payment Date by reference to the daily bond reports published by S&P. On such Interest Payment Date, the Company will pay to the Trustee, and the Trustee in turn will pay to DTC, such total amount of interest due (other than on the Maturity Date), at the times and in the manner set forth below under “Manner of Payment.” Payments on the Maturity Dateupon Hxxxxx's prior written consent. Seven days prior to the first and 15th calendar days of each month, the Trustee will deliver to the Company and DTC a written list of principal, premium, if any, and interest to be paid on each Note maturing or subject to redemption (pursuant to a sinking fund or otherwise) or repayment in the following month. The Trustee, the Company and DTC will confirm the amounts of such principal, premium, if any, and interest payments with respect to each Note At any time on or about the fifth Business Day preceding the Maturity Date of such Note. On after the Maturity Date, the Company will pay to may repay the Trustee, and the Trustee in turn will pay to DTC, the then outstanding principal amount of such Note, together with plus accrued interest and premiumDefault Interest (defined below), if any, due to the Holder. Demand of Repayment. The principal and interest balance of this Note shall be paid to the Holder hereof on such demand by the Holder at any time on or after the Maturity Date. The Default Amount (defined herein), at the times and in the manner set forth below under “Manner of Payment.” If the Maturity Date of any Note is not a Business Dayif applicable, the payment due on such day shall be made paid to Holder hereof on demand by the next succeeding Business Day Holder at any time such Default Amount becomes due and no interest shall accrue on such payment for the period from and after such Maturity Datepayable to Holder.

Appears in 1 contract

Samples: Pura Naturals, Inc.

AutoNDA by SimpleDocs

Payments of Principal and Interest. Seven days prior Prior to the Conversion Date, Borrower shall pay interest only on the Advances, at the Interim Interest Rate, in arrears, on the first and 15th calendar days day of each month and on the Conversion Date. Provided that there is no Default or Event of Default hereunder or under the other Loan Documents, Borrower has faithfully observed all of the terms and conditions hereunder and under the other Loan Documents and there has been no material adverse change in the business, operations or financial condition of Borrower or the Collateral, the Advances outstanding as of the Advance Termination Date shall automatically convert to a term Loan and shall be repaid to Lender as follows: if the Conversion Date is not the first day of a month, Borrower shall pay, on the Trustee will deliver first day of the month immediately succeeding the month in which the Conversion Date occurs, interest only at the Interest Rate from the Conversion Date to the Company last day of the month in which the Conversion Date occurs; thereafter, Borrower shall make thirty-six (36) consecutive equal monthly payments of principal and DTC interest each in an amount which will fully amortize the Loan at the Interest Rate over such thirty-six (36) month period (the date upon which the thirty-sixth (36th) consecutive equal monthly payment of principal and interest is due is herein referred to as the "Maturity Date") commencing on the first day of the second month succeeding the Conversion Date, provided, however, that if the Conversion Date is the first day of a written notice specifying by CUSIP number month, payments of principal and interest shall commence on the first day of the immediately succeeding month. Lender shall compute the amount of interesteach payment and advise Borrower of such amount. Each monthly payment shall be applied, first to fees, costs and charges, if any, owing to Lender, then to interest as may be paid on each Note on the following Interest Payment Date (other than an Interest Payment Date coinciding with a Maturity Date) and the total of such amounts. DTC will confirm the amount payable on each Note on such Interest Payment Date by reference to the daily bond reports published by S&P. On such Interest Payment Date, the Company will pay to the Trusteedue hereunder, and the Trustee in turn will pay balance of such payment shall be applied to DTCthe principal balance of the Loan. The entire unpaid principal balance which was not payable earlier, such total amount of interest whether due (other than on the Maturity Date)to regularly scheduled payments, at the times acceleration or otherwise, together with any unpaid interest, fees, costs and in the manner set forth below under “Manner of Payment.” Payments charges shall be due and payable on the Maturity Date. Seven days prior to After the first and 15th calendar days maturity of each month, all or any part of the Trustee will deliver to the Company and DTC a written list of principal, premium, if any, and interest to be paid on each Note maturing or subject to redemption Loan (pursuant to a sinking fund by acceleration or otherwise) ), interest on the Loan or repayment in the following month. The Trustee, the Company such part thereof shall be due and DTC will confirm the amounts of such principal, premium, if any, and interest payments with respect to each Note on or about the fifth Business Day preceding the Maturity Date of such Note. On the Maturity Date, the Company will pay to the Trustee, and the Trustee in turn will pay to DTC, the principal amount of such Note, together with interest and premium, if any, due on such Maturity Date, payable at the times and in the manner set forth below under “Manner of PaymentDefault Rate on demand.” If the Maturity Date of any Note is not a Business Day, the payment due on such day shall be made on the next succeeding Business Day and no interest shall accrue on such payment for the period from and after such Maturity Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Showboat Marina Partnership)

Payments of Principal and Interest. Seven days prior Within seven (7) Business Days following the Closing Date (such period, the “Initial Payment Period”), Borrower shall pay to Agent, for the ratable benefit of the Lenders, a payment of (i) principal in the amount required to reduce the outstanding principal amount of the Term Loan to Five Million and No/100 Dollars ($5,000,000.00), plus (ii) $1,894.01 for each day from and including the Closing Date through and including the date upon which such payment is made, which represents interest accrued on the Term Loan through the date of such payment, plus (iii) $229,169.55, which represents the payment of principal that would be payable with respect to the Term Loan on March 1, 2009, plus (iv) $1,706.94 for each day commencing on the day immediately following the date on which such payment is made and continuing through and including February 28, 2009, which represents interest accruing on the Term Loan from the day immediately following the date of such payment through and including February 28, 2009 (such payment, the “Initial Payment”). [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] Thereafter, Borrowers shall pay to Agent, for the ratable benefit of the Lenders, twenty-one (21) equal consecutive payments of principal and interest on the first and 15th calendar days day of each month, calendar month (a “Scheduled Payment Date”) at the Trustee will deliver to the Company and DTC a written notice specifying by CUSIP number the amount rate of interest, if any, to be paid interest determined in accordance with Section 2.3(a) on each Note Scheduled Payment Date commencing on April 1, 2009 and continuing on the following Interest Payment Date first day of each month thereafter through and including December 1, 2010. The Initial Payment, and each scheduled payment of interest and principal hereunder, is referred to herein as a “Scheduled Payment.” After the Prepayment Hurdle (other than an Interest Payment Date coinciding with a Maturity Dateas defined below), payments of principal and interest shall be reamortized in equal monthly installments of principal and interest over the period that is the lesser of (i) 12 months or (ii) the remainder of the original repayment period, and the total of such amounts. DTC will confirm the amount shall be payable on each Note on such Interest Scheduled Payment Date by reference to during such period. Notwithstanding the daily bond reports published by S&P. On such Interest Payment Dateforegoing, the Company will pay to the Trustee, all unpaid principal and the Trustee in turn will pay to DTC, such total amount of accrued interest due (other than on the Maturity Date), at the times and in the manner set forth below under “Manner of Payment.” Payments on the Maturity Date. Seven days prior to the first and 15th calendar days of each month, the Trustee will deliver to the Company and DTC a written list of principal, premium, if any, and interest to be paid on each Note maturing or subject to redemption (pursuant to a sinking fund or otherwise) or repayment in the following month. The Trustee, the Company and DTC will confirm the amounts of such principal, premium, if any, and interest payments with respect to each Note the Term Loan is due and payable in full to Agent, for the ratable benefit of Lenders, on the earlier of (A) December 1, 2010 or about (B) the fifth Business Day preceding date that the Term Loan otherwise becomes due and payable hereunder, whether by acceleration of the Obligations pursuant to Section 2.4, Section 8.2 or otherwise (the earlier of (A) or (B), the “Applicable Term Loan Maturity Date”). Each Scheduled Payment, when paid, shall be applied first to the payment of accrued and unpaid interest on the Term Loan and then to unpaid principal balance of the Term Loan. Without limiting the foregoing, all Obligations shall be due and payable on the Applicable Term Loan Maturity Date of such Note. On the Maturity Date, the Company will pay to the Trustee, and the Trustee in turn will pay to DTC, the principal amount of such Note, together with interest and premium, if any, due on such Maturity Date, at the times and in the manner set forth below under “Manner of Payment.” If the Maturity Date of any Note is not a Business Day, the payment due on such day shall be made on the next succeeding Business Day and no interest shall accrue on such payment for the period from and after such Maturity Datelast Term Loan made.

Appears in 1 contract

Samples: License Agreement (MDRNA, Inc.)

Payments of Principal and Interest. Seven days prior to The Loan, together with interest thereon at the first Interest Rate, shall be repaid in ninety-six (96) equal consecutive monthly payments consisting of (a) principal and 15th calendar days interest calculated at the Interest Rate each in an amount which will fully amortize sixty-five percent (65%) of each monththe Loan at the Interest Rate over the Term plus (b) interest on thirty-five percent (35%) of the Loan calculated at the Interest Rate. The remaining unpaid principal balance of the Loan, the Trustee will deliver to the Company plus all accrued and DTC a written notice specifying by CUSIP number the amount of interest, if any, to be paid on each Note unpaid interest on the following Interest Payment Date (other than an Interest Payment Date coinciding with a Maturity Date) and the total of such amounts. DTC will confirm the amount payable on each Note on such Interest Payment Date by reference to the daily bond reports published by S&P. On such Interest Payment Date, the Company will pay to the Trustee, and the Trustee in turn will pay to DTC, such total amount of interest due (other than on the Maturity Date), Loan calculated at the times and in Interest Rate shall be payable with the manner set forth below under “Manner of Payment.” Payments ninety-sixth (96th) payment on the Maturity Date. Seven days prior to The first such monthly payment of principal and interest shall be due and payable on the first day of the second month succeeding the Disbursement Date and 15th calendar days the payments shall continue on a like day in each and every month thereafter through and including the Maturity Date; provided that (i) if the Disbursement Date is the first day of each a month, the Trustee will deliver first such monthly payment of principal and interest shall be due on the first day of the immediately succeeding month, and (ii) if the Disbursement Date is not the first day of the month, Borrower shall pay, on the first day of the month immediately succeeding the Disbursement Date, interest only, at the Interest Rate, from the Disbursement Date to the Company last day of the month in which the Disbursement Date occurs. Lender shall compute the amount of each payment and DTC a written list advise Borrower of principalsuch amount. Each monthly payment shall be applied, premiumfirst to fees, costs and charges, if any, owing to Lender, then to interest as may be due hereunder, and interest the balance of such payment shall be applied to be paid on each Note maturing or subject the principal balance of the Loan. The entire unpaid principal balance which was not payable earlier, whether due to redemption (pursuant to a sinking fund regularly scheduled payments, acceleration or otherwise) or repayment in the following month. The Trustee, the Company together with any unpaid interest, fees, costs and DTC will confirm the amounts of such principal, premium, if any, charges shall be due and interest payments with respect to each Note payable on or about the fifth Business Day preceding the Maturity Date of such Note. On the Maturity Date. The Maturity Date shall be the date that the ninety-sixth (96th) consecutive monthly installment is scheduled to be due. After the maturity of all or any part of the Loan (by acceleration or otherwise), interest on the Company will pay to the Trustee, Loan or such part thereof shall be due and the Trustee in turn will pay to DTC, the principal amount of such Note, together with interest and premium, if any, due on such Maturity Date, payable at the times and in the manner set forth below under “Manner of PaymentDefault Rate on demand.” If the Maturity Date of any Note is not a Business Day, the payment due on such day shall be made on the next succeeding Business Day and no interest shall accrue on such payment for the period from and after such Maturity Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Lynton Group Inc)

Payments of Principal and Interest. Seven days a. Pre-Payment and Payment of Principal and Interest. The Company may pay this Note in full, together With any and all accrued and unpaid interest, plus any applicable ore-payment premium set forth herein and subject to the terms of this Section 1 a, at any time on or prior to the first date which occurs 180 days after the Issuance Date hereof (the "Prepayment Date"). In the event the Note is not prepaid in full on or before the Prepayment Date, it shall be deemed a "Pre-Payment Default" hereunder. Until the Ninetieth (90th) day after the Issuance Date the Company may pay the principal at a cash redemption premium of 135%, in addition to outstanding interest, without the Holder's consent; from the 91st day to the One Hundred and 15th calendar days of each monthTwentieth (120th) day after the Issuance Date, the Trustee will deliver Company may pay the principal at a cash redemption premium of 140%, in addition to outstanding interest, without the Holder's consent, from the 121st day to the Prepayment Date, the Company and DTC may pay the principal at a written notice specifying by CUSIP number cash redemption premium of 145%, in addition to outstanding interest, without the Holder's consent. After the Prepayment Date up to the Maturity Date this Note shall have a cash redemption premium of 150% of the then outstanding principal amount of interestthe Note, plus accrued interest and Default Interest, if any, to which may only be paid on each Note on the following Interest Payment Date (other than an Interest Payment Date coinciding with a Maturity Date) and the total of such amounts. DTC will confirm the amount payable on each Note on such Interest Payment Date by reference to the daily bond reports published by S&P. On such Interest Payment Date, the Company will pay to the Trustee, and the Trustee in turn will pay to DTC, such total amount of interest due (other than on the Maturity Date), at the times and in the manner set forth below under “Manner of Payment.” Payments on the Maturity Dateupon Hxxxxx's prior written consent. Seven days prior to the first and 15th calendar days of each month, the Trustee will deliver to the Company and DTC a written list of principal, premium, if any, and interest to be paid on each Note maturing or subject to redemption (pursuant to a sinking fund or otherwise) or repayment in the following month. The Trustee, the Company and DTC will confirm the amounts of such principal, premium, if any, and interest payments with respect to each Note At any time on or about the fifth Business Day preceding the Maturity Date of such Note. On after the Maturity Date, the Company will pay to may repay the Trustee, and the Trustee in turn will pay to DTC, the then outstanding principal amount of such Note, together with plus accrued interest and premiumDefault Interest (defined below), if any, due to the Holder. b Demand of Repayment. The principal and interest balance of this Note shall be paid to the Holder hereof on such demand by the Holder at any time on or after the Maturity Date. The Default Amount (defined herein), at the times and in the manner set forth below under “Manner of Payment.” If the Maturity Date of any Note is not a Business Dayif applicable, the payment due on such day shall be made paid to Holder hereof on demand by the next succeeding Business Day Holder at any time such Default Amount becomes due and no interest shall accrue on such payment for the period from and after such Maturity Datepayable to Holder.

Appears in 1 contract

Samples: Bemax, Inc.

Payments of Principal and Interest. Seven days prior to the first Interest (and 15th calendar days of each monthprincipal, the Trustee will deliver to the Company premium and DTC a written notice specifying by CUSIP number the amount of interestAdditional Amounts, if any, payable other than at Stated Maturity or upon acceleration, redemption or repurchase) will be payable in immediately available funds to be paid on each Note the Person in whose name a Security is registered at the close of business on the following Regular Record Date next preceding each Interest Payment Date (other than an Interest Payment Date coinciding with a Maturity Date) and notwithstanding the total cancellation of such amounts. DTC will confirm the amount payable on each Note on Securities upon any transfer or exchange thereof subsequent to such Regular Record Date and prior to such Interest Payment Date by reference Date; provided, however, that interest payable at Stated Maturity or upon acceleration, redemption or repurchase will be payable to the daily bond reports published by S&P. On Person to whom principal will be payable; provided, further, that if and to the extent the Bank defaults in the payment of the interest (and Additional Amounts, if any) due on such Interest Payment Date, such defaulted interest (and Additional Amounts, if any) will be paid to the Company Person in whose name such Securities are registered at the end of a subsequent record date established by the Bank by notice given by mail by or on behalf of the Bank to the holders of the Securities not less than 15 days preceding such subsequent record date, such record date to be not less than 15 days preceding the date of payment in respect of such defaulted interest. Unless otherwise specified in the resolutions of the Board of Directors of the Bank or indenture supplemental hereto related to the Series of such Securities, the first payment of interest on any Security originally issued between a Regular Record Date and an Interest Payment Date will pay be made on the Interest Payment Date following the next succeeding Regular Record Date to the registered owner at the close of business on such next succeeding Regular Record Date. Unless otherwise specified in the resolutions of the Board of Directors or in an indenture supplemental hereto related to the Series of such Securities, the “Regular Record Date” with respect to any Security will be the date 15 calendar days prior to each Interest Payment Date, whether or not such date is a Business Day. Payment of the principal, any premium, interest, Additional Amounts and other amounts on or in respect of any Security at Stated Maturity or upon acceleration, redemption or repurchase will be made in immediately available funds to the Person in whose name such Security is registered upon surrender of such Security at the Corporate Trust Office of the Trustee in the Borough of Manhattan, New York City, the office of the Paying Agent located in the City of Buenos Aires, or at the specified office of any other Paying Agent, provided that the Security is presented to the Paying Agent in time for the Paying Agent to make such payments in such funds in accordance with its normal procedures. Whenever the Bank shall have one or more paying agents, including the Trustee, and the Trustee in turn will pay to DTCit will, such total amount of interest due (other than on the Maturity Date), at the times and in the manner set forth below under “Manner of Payment.” Payments on the Maturity Date. Seven days or prior to the first and 15th calendar days of each month, the Trustee will deliver to the Company and DTC a written list of principal, premium, if any, and interest to be paid on each Note maturing or subject to redemption (pursuant to a sinking fund or otherwise) or repayment in the following month. The Trustee, the Company and DTC will confirm the amounts of such principal, premium, if any, and interest payments with respect Business Day prior to each Note on or about the fifth Business Day preceding the Maturity Date due date of such Note. On the Maturity Date, the Company will pay to the Trustee, and the Trustee in turn will pay to DTC, the principal amount of such Note, together with interest (and premium, if any) or interest on the Securities, deposit with the Trustee a sum sufficient to pay the principal (and premium, if any) or interest so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal (and premium, if any) or interest. Payments of the principal of and any premium, interest, Additional Amounts and other amounts on or in respect of Securities to be made other than at Stated Maturity or upon redemption or repurchase will be made by check mailed on or before the due on date for such Maturity Date, at payments to the times and address of the person entitled thereto as it appears in the manner set forth below under “Manner Register; provided that (a) the applicable Depositary or its nominee, as holder of Payment.” the Global Securities, shall be entitled to receive payments of interest by wire transfer of immediately available funds, (b) a holder of U.S.$1,000,000 (or the approximate equivalent thereof in Specified Currency other than U.S. dollars) in aggregate principal or face amount of Securities of the same Series shall be entitled to receive payments of interest by wire transfer of immediately available funds to an account maintained by such holder at a bank located in the United States or Argentina as may have been appropriately designated by such Person to the Trustee in writing no later than 15 days prior to the date such payment is due and (c) to the extent that the holder of a Security issued and denominated in a Specified Currency other than U.S. dollars elects to receive payment of the principal of and any premiums, interest, Additional Amounts and other amounts on or in respect of such Security at Stated Maturity or upon redemption in such Specified Currency, such payment, except in circumstances described in the resolutions of the Board of Directors or in an indenture supplemental hereto related to the relevant Series, shall be made by wire transfer of immediately available funds to an account specified in writing by the holder to the Trustee not less than 15 days prior to the date such payment is due. Unless such designation is revoked in writing, any such designation made by such holder with respect to such Securities shall remain in effect with respect to any future payments with respect to such Securities payable to such holder. If the Stated Maturity or the Interest Payment Date of any Note for a Security falls on a day which is not a Business Day, the payment due on of principal (and premium, if any) and interest with respect to such day shall Security will be made on the next succeeding Business Day in the place of payment with the same force and effect as if made on the due date and no interest shall accrue on such payment for the period will accrue from and after such Maturity due date. If the principal of or any premium, interest, Additional Amounts or other amounts on any Security is payable in a Specified Currency other than U.S. dollars and such Specified Currency is not available due to the imposition of exchange controls or other circumstances beyond the Bank’s control, or is no longer used by the government of the country issuing such currency or for settlement of transactions by public institutions of or within the international banking community, then the Bank, until such currency is again available or so used, will be entitled, to the extent permitted by Argentine law, to satisfy its obligations to the Holder of such Securities by making such payment in U.S. dollars at the Exchange Rate for such Specified Currency on the Payment Date. The making of any payment in respect of any Security in U.S. dollars under the foregoing circumstances will not constitute an Event of Default under such Security. Payments of the principal and any premium, interest, Additional Amounts or other amounts to holders of Securities denominated in a Specified Currency other than U.S. dollars who hold the Securities through DTC will, to the extent permitted by Argentine law, be made in U.S. dollars. However, any DTC holder of a Security denominated in a Specified Currency other than U.S. dollars may elect to receive payments by wire transfer in such Specified Currency other than U.S. dollars by delivering a written notice to the DTC participant through which it holds its beneficial interest, not later than the Regular Record Date, in the case of an interest payment, or at least 15 calendar days before the Stated Maturity, specifying wire transfer instructions to an account denominated in the Specified Currency. The DTC participant must notify DTC of the election and wire transfer instructions on or before the twelfth Business Day before the applicable payment of the principal. The U.S. dollar amount to be received by a holder of a Security denominated in a Specified Currency other than U.S. dollars who elects to receive payment in U.S. dollars will be based on the Exchange Rate on the second Business Day next preceding the applicable payment date. The Bank will make payment to the Exchange Rate Agent on the third Business Day next preceding the applicable Payment Date. If Exchange Rate quotations are not available on the second Business Day preceding the date of payment of principal or any premium, interest, Additional Amounts or other amounts with respect to any Security, such payment will be made in the Specified Currency. All currency exchange costs associated with any payment in U.S. dollars on any Security denominated in a Specified Currency other than U.S. dollars will be borne by the Holder thereof by deductions from payment of the currency exchange being effected on behalf of the Holder by the Exchange Rate Agent. Unless otherwise specified in the terms of a Series of Securities, Securities denominated in a Specified Currency other than U.S. dollars will provide that, in the event of an official redenomination of the currency, the obligations of the Bank with respect to payments on such Securities shall, in all cases, be deemed immediately following such redenomination to provide for payment of that amount of the redenominated currency representing the amount of such obligations immediately before such redenomination. Subject to the foregoing provisions of this Section 3.07, each Security delivered under this Indenture upon registration of transfer of or in exchange for or in lieu of any other Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Security.

Appears in 1 contract

Samples: Indenture (Grupo Supervielle S.A.)

Time is Money Join Law Insider Premium to draft better contracts faster.