SECTION 1019 Sample Clauses
SECTION 1019. Commission Reports and Reports to Holders. Notwithstanding that the Company may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act or otherwise report on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, the Company will file with the Commission (and provide the Trustee and Holders with copies thereof, without cost to each Holder, within 15 days after it files them with the Commission), (a) within 90 days after the end of each fiscal year, annual reports on Form 10-K (or any successor or comparable form) containing the information required to be contained therein (or required in such successor or comparable form); (b) within 45 days after the end of each of the first three fiscal quarters of each fiscal year, reports on Form 10-Q (or any successor or comparable form); (c) promptly from time to time after the occurrence of an event required to be therein reported, such other reports on Form 8-K (or any successor or comparable form); and (d) any other information, documents and other reports which the Company would be required to file with the Commission if it were subject to Section 13 or 15(d) of the Exchange Act; provided, however, the Company shall not be so obligated to file such reports with the Commission if the Commission does not permit such filing, in which event the Company will make available such information to prospective purchasers of Notes, in addition to providing such information to the Trustee and the Holders, in each case within 15 days after the time the Company would be required to file such information with the Commission, if it were subject to Sections 13 or 15(d) of the Exchange Act. ARTICLE ELEVEN REDEMPTION OF NOTES SECTION 1101. Redemption. 117 The Notes may or shall, as the case may be, be redeemed, as a whole or from time to time in part, subject to the conditions and at the Redemption Prices specified in the form of Note, together with accrued interest to the Redemption Date. SECTION 1102. Applicability of Article. Redemption of Notes at the election of the Company or otherwise, as permitted or required by any provision of this Indenture, shall be made in accordance with such provision and this Article. SECTION 1103. Election to Redeem; Notice to Trustee. The election of the Company to redeem any Notes pursuant to Section 1101 shall be evidenced by a Board Resolution. In case of any redempt...
SECTION 1019. Limitation on Layering Indebtedness. ------------------------------------ The Company and each Subsidiary Guarantor shall not, directly or indirectly, incur or otherwise permit to exist any Indebtedness that is subordinate in right of payment to any Indebtedness of the Company or such Subsidiary Guarantor, as the case may be, unless such Indebtedness is also pari passu with, or subordinate in right of payment to, the Securities or the Subsidiary Guarantee issued by such Subsidiary Guarantor, as the case may be, or subordinate in right of payment to the Securities or such Subsidiary Guarantee, as the case may be. SECTION 1020. Limitation on Guarantees of Indebtedness by ------------------------------------------- Restricted Subsidiaries. ----------------------- Except with respect to the guarantee by a Foreign Restricted Subsidiary of the payment of Indebtedness of another Foreign Restricted Subsidiary, the Company shall not permit any Restricted Subsidiary that is not a Subsidiary Guarantor, directly or indirectly, to guarantee, assume or in any other manner become liable for the payment of any Indebtedness of the Company or any Indebtedness of any other Restricted Subsidiary, unless (a) such Restricted Subsidiary simultaneously executes and delivers a supplemental indenture providing for a guarantee of payment of the Securities by such Restricted Subsidiary; and (b) with respect to any guarantee of Subordinated Indebtedness by a Restricted Subsidiary, any such guarantee is subordinated to such Restricted Subsidiary's guarantee with respect to the Securities at least to the same extent as such Subordinated Indebtedness is subordinated to the Securities, provided that the foregoing provision shall not be applicable to any guarantee -------- by any Restricted Subsidiary that existed at the time such Person became a Restricted Subsidiary and was not incurred in connection with, or in contemplation of, such Person becoming a Restricted Subsidiary. Any guarantee by a Restricted Subsidiary of the Securities pursuant to the preceding paragraph may provide by its terms that it shall be automatically and unconditionally released and discharged upon: (a) any sale, exchange or transfer to any Person not an Affiliate of the Company of all of the Company's and the Restricted Subsidiaries' Capital Stock in, or all or substantially all the assets of, such Restricted Subsidiary (which sale, exchange or transfer is not prohibited by the Indenture); (b) the release or disch...
SECTION 1019. A new Section 10.19 shall be added to the Loan Agreement, as follows:
SECTION 1019. Disposition of Proceeds of Asset Sales.
SECTION 1019. Entire Agreement. THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [Remainder of page intentionally left blank.]
SECTION 1019. Intentionally omitted].
SECTION 1019. Limitation on Business Activities --------------------------------- The Company shall not, and shall not permit any Restricted Subsidiary to, engage in any business other than a Permitted Business. SECTION 1020. Limitation on Unrestricted Subsidiaries. --------------------------------------- (a) The Board of Directors of the Company may designate, pursuant to a Board Resolution, any Subsidiary (including any newly acquired or newly formed Subsidiary) of the Company (other than Atlantica Network (Bermuda) Ltd.) to be an Unrestricted Subsidiary so long as such Subsidiary has no Indebtedness other than Non-Recourse Debt. (b) If a Restricted Subsidiary is designated as an Unrestricted Subsidiary, the aggregate Fair Market Value of all outstanding Investments owned by the Company and its Restricted Subsidiaries in the Subsidiary so designated will be deemed to be an Investment made as of the time of such designation and that designation will only be permitted if such Investment would be permitted at that time.
SECTION 1019. Limitation on Third-Party Ownership of the Company. The Guarantor shall maintain the Company as a wholly-owned, direct Subsidiary of the Guarantor.
SECTION 1019. Limitations on Line of Business. The Company shall not, and shall not permit any Restricted Subsidiary to, directly or indirectly, engage to any material extent in any line or lines of business activity that is not the same, similar, reasonably related or complementary to any line of business that the Company or its Restricted Subsidiaries is engaged on the Issue Date. SECTION 1020. Certain Fall Away Covenants. During any period of time that (a) the Notes have Investment Grade Ratings from both Rating Agencies and (b) no Default or Event of Default has occurred and is continuing hereunder, the Company and its Restricted Subsidiaries will not be subject to the following provisions of this Indenture: Sections 1009, 1010 (except to the extent applicable under the definition of Unrestricted Subsidiary), 1011, 1013, 1014, 1015, 1018, 1019 and clause (iii) of Section 801 of this Indenture. If the Company and the Restricted Subsidiaries are not subject to these covenants for any period of time as a result of the previous sentence (a "Fall-Away Period") and, subsequently, one, or both, of the Rating Agencies withdraws its ratings or downgrades the ratings assigned to the Notes below the required Investment Grade Ratings or a Default or Event of Default occurs and is continuing, then the Company and its Restricted Subsidiaries will thereafter again be subject to these covenants. The ability of the Company and its Restricted Subsidiaries to make Restricted Payments after the time of such withdrawal, downgrade, Default or Event of Default will be calculated as if the provisions of Section 1010 of this Indenture had been in effect during the entire period of time from the date of this First Supplemental Indenture. Notwithstanding the foregoing, the continued existence of facts and circumstances or obligations arising from transactions which occurred during a Fall-Away Period shall not constitute a breach of any covenant set forth in this Indenture or cause a Default or Event of Default thereunder; provided, that (i) the Company and its Restricted Subsidiaries did not incur or otherwise cause such facts and circumstances or obligations to exist in anticipation of a ratings withdrawal or downgrade below an Investment Grade Rating and (ii) the Company and its Restricted Subsidiaries did not reasonably believe that such transactions would result in such withdrawal or downgrade." ARTICLE NINE Supplemental indentures SECTION 901. Supplemental Indentures. Sections 901 and 90...
SECTION 1019. Mandatory Repurchase Upon a Change of Control.