Common use of Prior Payment to Senior Indebtedness Upon Acceleration of Securities Clause in Contracts

Prior Payment to Senior Indebtedness Upon Acceleration of Securities. In the event of the acceleration of the Securities because of an Event of Default, no payment or distribution shall be made to the Trustee or any holder of Securities in respect of the principal of, premium, if any, or interest (including Liquidated Damages, if any) on the Securities (including, but not limited to, the Redemption Price with respect to the Securities called for redemption in accordance with Article XI or the Repurchase Price with respect to the Securities submitted for repurchase in accordance with Article XIV), except payments and distributions made by the Trustee as permitted by Section 13.9, until all Senior Indebtedness has been paid in full in cash or other payment satisfactory to the holders of Senior Indebtedness or such acceleration is rescinded in accordance with the terms of this Indenture. If payment of the Securities is accelerated because of an Event of Default, the Company shall promptly notify holders of Senior Indebtedness of the acceleration, and the Trustee shall promptly notify the Bank of America National Trust and Savings Association, as Agent under the Credit Agreement (or any successor agent thereunder of which it has received prior written notice) of such acceleration, in each case at the address set forth in the notice from the Agent (or successor agent) to the Trustee as being the address to which the Trustee should send its notice pursuant to this Section 13.3, unless, in each case, there are no payment obligations of the Company thereunder and all obligations thereunder to extend credit have been terminated or expired; provided, however that if the Trustee has not received such notice address from such Agent (or successor Agent) it need not send such notice.

Appears in 2 contracts

Samples: Indenture (Cirrus Logic Inc), Indenture (Cirrus Logic Inc)

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Prior Payment to Senior Indebtedness Upon Acceleration of Securities. In the event of the acceleration of the Securities because of an Event of Default, no payment or distribution shall be made to the Trustee or any holder of Securities in respect of the principal of, premium, if any, or interest (including Liquidated Damages, if any) on the Securities (including, but not limited to, the Redemption Price with respect to the Securities called for redemption in accordance with Article XI or the Repurchase Price with respect to the Securities submitted for repurchase in accordance with Article XIV), except payments and distributions made by the Trustee as permitted by Section 13.9, until all Senior Indebtedness has been paid in full in cash or other payment satisfactory to the holders of Senior Indebtedness or such acceleration is rescinded in accordance with the terms of this Indenture. If payment of the Securities is accelerated because of an Event of Default, the Company shall promptly notify holders of Senior Indebtedness of the acceleration. In the event that, and notwithstanding the Trustee foregoing, the Company shall promptly notify the Bank of America National Trust and Savings Association, as Agent under the Credit Agreement (or make any successor agent thereunder of which it has received prior written notice) of such acceleration, in each case at the address set forth in the notice from the Agent (or successor agent) payment to the Trustee as being or the address Holder of any Security prohibited by the foregoing provisions of this Section, and if such fact shall, at or prior to which the time of such payment, have been made known to the Trustee should send its notice pursuant or, as the case may be, such Holder, then and in such event such payment shall be paid over and delivered forthwith to this Section 13.3, unlessthe Company, in each case, there are no payment obligations the case of the Company thereunder and all obligations thereunder to extend credit have been terminated Trustee, or expired; providedthe Trustee, however that if in the Trustee has not received case of such notice address from such Agent (or successor Agent) it need not send such noticeHolder.

Appears in 1 contract

Samples: Indenture (Exodus Communications Inc)

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Prior Payment to Senior Indebtedness Upon Acceleration of Securities. In the event of the acceleration of the Securities because of an Event of Default, no payment or distribution shall be made to the Trustee or any holder of Securities in respect of the principal of, premium, if any, or interest (including Liquidated Damages, if any) on the Securities (including, but not limited to, the Redemption Price with respect to the Securities called for redemption in accordance with Article XI or the Repurchase Price with respect to the Securities submitted for repurchase in accordance with Article XIV), except payments and distributions made by the Trustee as permitted by Section 13.9, until all Senior Indebtedness has been paid in full in cash or other payment satisfactory to the holders of Senior Indebtedness or such acceleration is rescinded in accordance with the terms of this Indenture. If payment of the Securities is accelerated because of an Event of Default, the Company shall promptly notify holders of Senior Indebtedness of the acceleration, and the Trustee shall promptly notify the Xxxxx Fargo Bank of America (Texas), National Trust and Savings Association, as Agent for the lenders under the Credit Agreement (or any successor agent thereunder of which it has received prior written notice) and Bank One, Texas, N.A., as Co-Agent for the lenders under the Credit Agreement, of such acceleration, in each case at the address set forth in the notice from the such Agent (or successor agent) and Co-Agent to the Trustee as being the address to which the Trustee should send its notice pursuant to this Section 13.3, unless, in each case, there are no payment obligations of the Company thereunder and all obligations thereunder to extend credit have been terminated or expired; provided, however that if the Trustee has not received such notice address from such Agent (or successor Agent) it need not send such notice.

Appears in 1 contract

Samples: Indenture (Affiliated Computer Services Inc)

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