Common use of Registration Defaults Clause in Contracts

Registration Defaults. If any of the following events shall occur, then the Company shall pay liquidated damages (the “Registration Default Damages”) to the Holders of Securities in respect of the Securities as follows: (a) if on or prior to the 270th day of following the Closing Date, neither the Registered Exchange Offer has been completed nor the Shelf Registration Statement has been declared effective, then Registration Default Damages shall accrue on the Registrable Securities at a rate of .25% per annum and shall be payable in accordance with the interest payment provisions of the Securities; or (b) if any Registration Statement required by this Agreement has been declared effective but ceases to be effective at any time at which it is required to be effective under this Agreement, then commencing on the day the Registration Statement ceases to be effective, Registration Default Damages shall accrue on the Registrable Securities at a rate of .25% per annum and shall be payable in accordance with the interest payment provisions of the Securities; provided, however, that (i) upon completion of the Registered Exchange Offer or the effectiveness of the Shelf Registration Statement (in the case of paragraph (a) above), or (ii) upon the effectiveness of the Registration Statement which had ceased to remain effective (in the case of paragraph (b) above), Registration Default Damages shall cease to accrue.

Appears in 2 contracts

Sources: Registration Rights Agreement (Kansas City Southern), Registration Rights Agreement (Kansas City Southern)

Registration Defaults. If any of the following events shall occur, then the Company and the Guarantor shall pay liquidated damages (the “Registration Default Damages”) to the Holders of Securities in respect of the Securities as follows: (a) if the Registered Exchange Offer is not completed on or prior to the 270th day of following the Closing DateOctober 31, neither the Registered Exchange Offer has been completed nor the Shelf Registration Statement has been declared effective2005, then Registration Default Damages shall accrue on the Registrable Securities at a rate of .250.5% per annum from and shall be payable in accordance with the interest payment provisions of the Securitiesincluding such specified date; or (b) if any Shelf Registration Statement required by this Agreement is not declared effective by the Commission on or prior to the date by which reasonable best efforts are to be used to cause such effectiveness under this Agreement, then commencing on the day after such specified date, Registration Default Damages shall accrue on the Registrable Securities at a rate of 0.5% per annum from and including such specified date; or (c) if any Registration Statement required by this Agreement has been declared effective but ceases to be effective at any time at which it is required to be effective under this Agreement, then commencing on the day the Registration Statement ceases to be effective, Registration Default Damages shall accrue on the Registrable Securities at a rate of .250.5% per annum from and shall including such date on which the Registration Statement ceases to be payable in accordance with the interest payment provisions of the Securitieseffective; provided, however, that (i1) upon the completion of the Registered Exchange Offer or (in the case of paragraph (a) above), (2) upon the effectiveness of the Shelf Registration Statement (in the case of paragraph (ab) above), or (ii3) upon the effectiveness of the Registration Statement which had ceased to remain effective (in the case of paragraph (bc) above), Registration Default Damages shall cease (as of the date prior to the date on which all Registration Defaults have been cured) to accrue.

Appears in 2 contracts

Sources: Registration Rights Agreement (CSN Islands IX Corp.), Registration Rights Agreement (CSN Islands IX Corp.)

Registration Defaults. If any of the following events shall occur, then the Company shall pay liquidated damages (the “Registration Default Damages”) to the Holders of Securities Notes in respect of the Securities Notes as follows: (a) if on or prior to the 270th day of following the Closing Date, neither the Registered Exchange Offer has been completed nor the Shelf Registration Statement has been declared effective, then Registration Default Damages shall accrue on the Registrable Securities Notes at a rate of .250.25% per annum and shall be payable in accordance with the interest payment provisions of the SecuritiesNotes; or (b) if any Registration Statement required by this Agreement has been declared effective but ceases to be effective at any time at which it is required to be effective under this Agreement, then commencing on the day the Registration Statement ceases to be effective, Registration Default Damages shall accrue on the Registrable Securities Notes at a rate of .250.25% per annum and shall be payable in accordance with the interest payment provisions of the SecuritiesNotes; provided, however, that (i) upon completion of the Registered Exchange Offer or the effectiveness of the Shelf Registration Statement (in the case of paragraph (a) above), or (ii) upon the effectiveness of the Registration Statement which had ceased to remain effective (in the case of paragraph (b) above), Registration Default Damages shall cease to accrue.

Appears in 1 contract

Sources: Registration Rights Agreement (Kansas City Southern De Mexico, S.A. De C.V.)

Registration Defaults. If any of the following events shall occur, then the Company shall pay liquidated damages (the “Registration Default Damages”) to the Holders of Securities in respect of the Securities as follows: (a) if on or prior to the 270th 365th day of following the Closing Date, neither the Registered Exchange Offer has been completed nor the Shelf Registration Statement has been declared effective, then Registration Default Damages shall accrue on the Registrable Securities at a rate of .250.25% per annum and shall be payable in accordance with the interest payment provisions of the Securities; or (b) if any Registration Statement required by this Agreement has been declared effective but ceases to be effective at any time at which it is required to be effective under this Agreement, then commencing on the day the Registration Statement ceases to be effective, Registration Default Damages shall accrue on the Registrable Securities at a rate of .250.25% per annum and shall be payable in accordance with the interest payment provisions of the Securities; provided, however, that (i) upon completion of the Registered Exchange Offer or the effectiveness of the Shelf Registration Statement (in the case of paragraph (a) above), or (ii) upon the effectiveness of the Registration Statement which had ceased to remain effective (in the case of paragraph (b) above), Registration Default Damages shall cease to accrue.

Appears in 1 contract

Sources: Registration Rights Agreement (Kansas City Southern)

Registration Defaults. If any of the following events shall occur, then the Company shall pay liquidated damages (the “Registration Default Damages”) to the Holders of Securities the applicable series of Notes in respect of the Securities such Notes as follows: (a) if on or prior to the 270th day of following the Closing Date, neither the Registered Exchange Offer has been completed nor the Shelf Registration Statement has been declared effective, in each case with respect to the applicable series of Notes, then Registration Default Damages shall accrue on the Registrable Securities Notes of such series at a rate of .250.25% per annum and shall be payable in accordance with the interest payment provisions of the Securitiessuch Notes; or (b) if any Registration Statement required by this Agreement has been declared effective but ceases to be effective at any time at which it is required to be effective under this Agreement, then commencing on the day the Registration Statement ceases to be effective, Registration Default Damages shall accrue on the Registrable Securities Notes of the applicable series at a rate of .250.25% per annum and shall be payable in accordance with the interest payment provisions of the Securitiessuch Notes; provided, however, that (i) upon completion of the Registered Exchange Offer or the effectiveness of the Shelf Registration Statement (in the case of paragraph (a) above), or (ii) upon the effectiveness of the Registration Statement which had ceased to remain effective (in the case of paragraph (b) above), Registration Default Damages shall cease to accrue.

Appears in 1 contract

Sources: Registration Rights Agreement (Kansas City Southern)

Registration Defaults. If any of the following events shall occur, then the Company shall pay liquidated damages (the “Registration Default Damages”) to the Holders of Securities in respect of the Securities as follows: (a) if on or prior to the 270th day of following the Closing Date, neither the Registered Exchange Offer has been completed nor the Shelf Registration Statement has been declared effective, then Registration Default Damages shall accrue on the Registrable Securities at a rate of .250.25% per annum and shall be payable in accordance with the interest payment provisions of the Securities; or (b) if any Registration Statement required by this Agreement has been declared effective but ceases to be effective at any time at which it is required to be effective under this Agreement, then commencing on the day the Registration Statement ceases to be effective, Registration Default Damages shall accrue on the Registrable Securities at a rate of .250.25% per annum and shall be payable in accordance with the interest payment provisions of the Securities; provided, however, that (i) upon completion of the Registered Exchange Offer or the effectiveness of the Shelf Registration Statement (in the case of paragraph (a) above), or (ii) upon the effectiveness of the Registration Statement which had ceased to remain effective (in the case of paragraph (b) above), Registration Default Damages shall cease to accrue.

Appears in 1 contract

Sources: Registration Rights Agreement (Kansas City Southern)

Registration Defaults. If any of the following events shall occur, then the Company shall pay liquidated damages (the “Registration Default Damages”) to the Holders of Securities in respect of the Securities as follows: (a) if on or prior to the 270th day of following the Closing Date, neither the Registered Exchange Offer has been completed nor the Shelf Registration Statement has been declared effective, then Registration Default Damages shall accrue on the Registrable Securities at a rate of .25% per annum and shall be payable in accordance with the interest payment provisions of the Securities; or (b) if any Registration Statement required by this Agreement has been declared effective but ceases to be effective at any time at which it is required to be effective under this Agreement, then commencing on the day the Registration Statement ceases to be effective, Registration Default Damages shall accrue on the Registrable Securities at a rate of .25% per annum and shall be payable in accordance with the interest payment provisions of the Securities; provided, however, that (i) upon completion of the Registered Exchange Offer or the effectiveness of the Shelf Registration Statement (in the case of paragraph (a) above), or (ii) upon the effectiveness of the Registration Statement which had ceased to remain effective (in the case of paragraph (b) above), or (ii) upon completion of the Registered Exchange Offer or the effectiveness of the Shelf Registration Statement (in the case of paragraph (c) above), Registration Default Damages shall cease to accrue.

Appears in 1 contract

Sources: Registration Rights Agreement (TFM Sa De Cv)

Registration Defaults. If any of the following events shall occur, then the Company shall pay liquidated damages (the "Registration Default Damages") to the Holders of Securities in respect of the Securities as follows: (a) if any Registration Statement required by this Agreement is not declared effective by the Commission on or prior to the 270th day of following the Closing Date, neither the Registered Exchange Offer has been completed nor the Shelf Registration Statement has been declared effectivedate by which best efforts are to be used to cause such effectiveness under this Agreement, then commencing on the day after such specified date, Registration Default Damages shall accrue on the Registrable Securities at a rate of .25.50% per annum and shall be payable in accordance with the interest payment provisions of the Securities; or (b) if any Registration Statement required by this Agreement has been declared effective but ceases to be effective at any time at which it is required to be effective under this Agreement, then commencing on the day the Registration Statement ceases to be effective, Registration Default Damages shall accrue on the Registrable Securities at a rate of .25.50% per annum and shall be payable in accordance with the interest payment provisions of the Securities; provided, however, that (i1) upon completion the filing of the Registered Exchange Offer or the effectiveness of the Shelf Registration Statement (in the case of paragraph (a) above), (2) upon the effectiveness of the Registration Statement (in the case of paragraph (b) above), or (ii3) upon the effectiveness of the Registration Statement which had ceased to remain effective (in the case of paragraph (bc) above), Registration Default Damages shall cease to accrue.

Appears in 1 contract

Sources: Registration Rights Agreement (TFM Sa De Cv)

Registration Defaults. If any of the following events shall occuroccur with respect to any Series of Securities, then the Company shall pay liquidated damages (the “Registration Default Damages”) to the Holders of such Series of Securities in respect of the such Securities as follows: (a) if on or prior to the 270th day of following the Closing Date, neither the Registered Exchange Offer has been completed nor the Shelf Registration Statement has been declared effective, then Registration Default Damages shall accrue on the such Series of Registrable Securities at a rate of .250.25% per annum and shall be payable in accordance with the interest payment provisions of the such Securities; or (b) if any Registration Statement required by this Agreement has been declared effective but ceases to be effective at any time at which it is required to be effective under this Agreement, then commencing on the day the Registration Statement ceases to be effective, Registration Default Damages shall accrue on the such Series of Registrable Securities at a rate of .250.25% per annum and shall be payable in accordance with the interest payment provisions of the such Securities; provided, however, that (i) upon completion of the Registered Exchange Offer or the effectiveness of the Shelf Registration Statement (in the case of paragraph (a) above), or (ii) upon the effectiveness of the Registration Statement which had ceased to remain effective (in the case of paragraph (b) above), Registration Default Damages shall cease to accrue.

Appears in 1 contract

Sources: Registration Rights Agreement (Kansas City Southern)

Registration Defaults. If any of the following events shall occur, then the Company shall pay liquidated damages (the "Registration Default Damages") to the Holders of Securities in respect of the Securities as follows: (a) if on or prior to the 270th day of following the Closing Date, neither the Registered Exchange Offer has been completed nor the Shelf Registration Statement has been declared effective, then Registration Default Damages shall accrue on the Registrable Securities at a rate of .25% per annum and shall be payable in accordance with the interest payment provisions of the Securities; or (b) if any Registration Statement required by this Agreement has been declared effective but ceases to be effective at any time at which it is required to be effective under this Agreement, then commencing on the day the Registration Statement ceases to be effective, Registration Default Damages shall accrue on the Registrable Securities at a rate of .25% per annum and shall be payable in accordance with the interest payment provisions of the Securities; provided, however, that (i) upon completion of the Registered Exchange Offer or the effectiveness of the Shelf Registration Statement (in the case of paragraph (a) above), or (ii) upon the effectiveness of the Registration Statement which had ceased to remain effective (in the case of paragraph (b) above), Registration Default Damages shall cease to accrue.

Appears in 1 contract

Sources: Registration Rights Agreement (Kansas City Southern De Mexico, S.A. De C.V.)