Stay, Extension and Usury Laws. Each of the Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 4 contracts
Samples: Exchange and Investment Agreement (Nikola Corp), Indenture (ChargePoint Holdings, Inc.), Nikola Corp
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated hereinin this Indenture, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein in this Indenture granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 4 contracts
Samples: Indenture (CompoSecure, Inc.), Indenture (Clovis Oncology, Inc.), Indenture (Clovis Oncology, Inc.)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of of, premium, if any, or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; , and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, law and covenants covenant that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 4 contracts
Samples: Bausch Health Companies (Bausch Health Companies Inc.), Bausch Health Companies (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company or any of the Note Parties from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 4 contracts
Samples: Invitae Corp, Invitae Corp, NanoString Technologies Inc
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company (in each case, to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, law to the extent it would hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 4 contracts
Samples: Indenture (Wright Medical Group Inc), Indenture (Wright Medical Group N.V.), Indenture (Wright Medical Group N.V.)
Stay, Extension and Usury Laws. Each of the Company and each Guarantor the Guarantors, if any, covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company or any Guarantor from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and each of the Company (and the Guarantors, if any, to the extent it may lawfully do so) , hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the TrusteeTrustee or the Collateral Agent, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 3 contracts
Samples: Supplemental Indenture (Bloom Energy Corp), Security Agreement (Bloom Energy Corp), Supplemental Indenture (Bloom Energy Corp)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of or interest Default Interest, if any, on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; Indenture and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 3 contracts
Samples: Notes Purchase Agreement (China Security & Surveillance Technology, Inc.), China Security & Surveillance Technology, Inc., China Security & Surveillance Technology, Inc.
Stay, Extension and Usury Laws. Each The Company, the Co-Issuer and each of the Company and each Guarantor covenants Guarantors covenant (to the extent that it they may lawfully do so) that it they shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company Company, the Co-Issuer and each of the Guarantors (to the extent it that they may lawfully do so) hereby expressly waives waive all benefit or advantage of any such law, and covenants covenant (to the extent that it will they may lawfully do so) that they shall not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 3 contracts
Samples: Indenture (Vine Energy Inc.), Indenture (Vine Energy Inc.), Indenture (Vine Resources Inc.)
Stay, Extension and Usury Laws. Each of the Company and each the Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company or the Guarantor from paying all or any portion of the principal of or interest on the Notes Bonds as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and each of the Company and the Guarantor (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 3 contracts
Samples: Indenture (Transocean Inc), Transocean Ltd., Transocean Inc
Stay, Extension and Usury Laws. Each of the Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of Payments for or interest any Default Interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and each of the Company and each Guarantor (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 3 contracts
Samples: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC), d1io3yog0oux5.cloudfront.net
Stay, Extension and Usury Laws. Each of the Company and each Guarantor the Guarantors, if any, covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company or the Guarantor from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this IndentureAgreement; and each of the Company (and the Guarantors, if any, to the extent it may lawfully do so) , hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the TrusteeRepresentative or the Collateral Agent, but will suffer and permit the execution of every such power as though no such law had been enacted.. Section 4.08
Appears in 3 contracts
Samples: Note Issuance Agreement (Appgate, Inc.), Supplemental Agreement (Appgate, Inc.), Intercreditor and Subordination Agreement (Appgate, Inc.)
Stay, Extension and Usury Laws. Each of the Company and each Guarantor the REIT covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and each of the Company and the REIT (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 3 contracts
Samples: Indenture (Kite Realty Group Trust), Welltower OP LLC, Federal Realty OP LP
Stay, Extension and Usury Laws. Each of the Company and each Guarantor Avadel covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 3 contracts
Samples: Indenture (Avadel Pharmaceuticals PLC), Indenture (Avadel Pharmaceuticals PLC), Indenture (Avadel Pharmaceuticals PLC)
Stay, Extension and Usury Laws. Each of the Company and each Guarantor covenants the Guarantors covenant (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or any interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company and the Guarantors (to the extent it they may lawfully do so) hereby expressly waives waive all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 3 contracts
Samples: Indenture (Iterum Therapeutics PLC), usermanual.wiki, Iterum Therapeutics PLC
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor of the Guarantors covenants (that, to the extent that it may lawfully do so) that , it shall will not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and each of the Company (and the Guarantors, to the extent that it may lawfully do so) , hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will instead suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 3 contracts
Samples: Indenture (Protalix BioTherapeutics, Inc.), Indenture (Layne Christensen Co), Protalix BioTherapeutics, Inc.
Stay, Extension and Usury Laws. Each of the Issuers and the Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, plead or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this IndentureIndenture (including, but not limited to, the payment of the principal of or interest on the Securities); and the Issuers and the Company (to the extent it that they may lawfully do so) hereby expressly waives waive all benefit or advantage of any such law, and covenants covenant that it will they shall not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 3 contracts
Samples: NSM Steel Co LTD, NSM Steel Co LTD, NSM Steel Co LTD
Stay, Extension and Usury Laws. Each of the (a) The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or any interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Samples: Indenture (Electra Battery Materials Corp), Indenture (Electra Battery Materials Corp)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of of, premium, if any, or interest on the Notes Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; Indenture and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 2 contracts
Samples: Securities Purchase Agreement (System Software Associates Inc), System Software (System Software Associates Inc)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of principal, premium, if any, or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; Indenture and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Samples: Indenture (Digital Realty Trust, L.P.), Indenture (Advanced Medical Optics Inc)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest Special Interest, if any, on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Samples: Indenture (21Vianet Group, Inc.), Indenture (Blackline, Inc.)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest interest, if any, on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Samples: Indenture (Orexigen Therapeutics, Inc.), Indenture (Orexigen Therapeutics, Inc.)
Stay, Extension and Usury Laws. Each of the Company and each Guarantor the Guarantors, if any, covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company or the Guarantor from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this IndentureAgreement; and each of the Company (and the Guarantors, if any, to the extent it may lawfully do so) , hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the TrusteeRepresentative, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Samples: Supplemental Agreement (Northern Star Investment Corp. II), Note Issuance Agreement (Appgate, Inc.)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of or interest (including Additional Interest, if any) on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this the Indenture; , and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of of, premium, if any, or interest on the Notes Debentures as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 2 contracts
Samples: And (Xcyte Therapies Inc), Indenture (Xcyte Therapies Inc)
Stay, Extension and Usury Laws. Each of The Company covenants, and the Company and each shall cause any Guarantor covenants to covenant (to the extent that it they may lawfully do so) ), that it shall will not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; and the . The Company (to the extent it may lawfully do so) hereby expressly waives waives, and the Company will cause any Guarantor (to the extent it may lawfully do so) expressly to waive, all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 2 contracts
Samples: Supplemental Indenture (Meristar Hospitality Corp), Supplemental Indenture (Capstar Hotel Co)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor of the Guarantors covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Senior Subordinated Note Indenture; and the Company and each of the Guarantors (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will shall not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Senior Subordinated Note Trustee, but will shall suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 2 contracts
Stay, Extension and Usury Laws. Each of the Company and each Guarantor the Guarantors covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company or such Guarantor from paying all or any portion of the principal of or any interest on the Notes as contemplated hereinin this Indenture, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company and each Guarantor (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein in this Indenture granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of or interest interest, including Additional Interest, if any, on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; the Indenture and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Samples: Supplemental Indenture (TTM Technologies Inc), First Supplemental Indenture (Sonosite Inc)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law Law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest any other amounts due and payable on the Notes Note or any Repurchase Price as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenturethe Note; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such lawLaw, and covenants that it will not, by resort to any such lawLaw, hinder, delay or impede the execution of any power herein granted to the TrusteeHolder, but will suffer and permit the execution of every such power as though no such law Law had been enacted.
Appears in 2 contracts
Samples: Convertible Notes Subscription Agreement (NIO Inc.), Convertible Notes Subscription Agreement (NIO Inc.)
Stay, Extension and Usury Laws. Each The Company, on behalf of the Company itself and each Guarantor of its Subsidiaries, covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives waives, on its behalf and on behalf of each of its Subsidiaries, all benefit or advantage of any such law, and covenants that it will shall not, and shall not permit any of its Subsidiaries to, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 2 contracts
Samples: Indenture (Komag Inc /De/), Komag Inc /De/
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor of the Guarantors covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company and each of the Guarantors (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Samples: Supplemental Indenture (Horizon Lines, Inc.), Supplemental Indenture (H-L Distribution Service, LLC)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of of, premium, if any, or interest Interest on the Notes Debentures as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; Indenture and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Samples: Indenture (Williams Companies Inc), Williams Companies Inc
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not will not, nor will it permit any of its Subsidiaries to, at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes Bond as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; Agreement, and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, law and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the TrusteePurchaser, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Samples: Bond Purchase Agreement (Sprint Nextel Corp), Bond Purchase Agreement (Starburst II, Inc.)
Stay, Extension and Usury Laws. Each of the Company and each Guarantor the Guarantors covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this IndentureIndenture (including, but not limited to, the payment of the principal of or interest on the Securities); and the Company and each Guarantor (to the extent it that they may lawfully do so) hereby expressly waives waive all benefit or advantage of any such law, and covenants covenant that it will they shall not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 2 contracts
Samples: Indenture (Spinnaker Industries Inc), National Tobacco Co Lp
Stay, Extension and Usury Laws. Each of the Parent Guarantor, the other Guarantors (if any), and the Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall will not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this IndentureFacility Agreement; and each of the Parent Guarantor, the other Guarantors (if any), and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the TrusteeHolders, but will suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 1 contract
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of principal, premium, if any, or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; Indenture and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (GLG Partners, Inc.)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of of, premium, if any, or interest Interest on the Notes Debentures as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; Indenture and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Gencorp Inc)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of or interest (including Additional Interest, if any) on the Notes Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; , and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (THQ Inc)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest Additional Interest, if any, on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (NIO Inc.)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of of, Interest on, or interest on Additional Amounts, if any, on, the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; Indenture and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Conexant Systems Inc
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal Principal Amount of or interest Interest on the Notes Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Novellus Systems Inc)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the #92449509v11 execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Stay, Extension and Usury Laws. Each The Company, the Co-Issuer and each of the Company and each Guarantor covenants Subsidiary Guarantors covenant (to the extent that it they may lawfully do so) that it they shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company Company, the Co-Issuer and each of the Subsidiary Guarantors (to the extent it that they may lawfully do so) hereby expressly waives waive all benefit or advantage of any such law, and covenants covenant (to the extent that it will they may lawfully do so) that they shall not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 1 contract
Samples: Indenture (Magnolia Oil & Gas Corp)
Stay, Extension and Usury Laws. Each of the Company and each Guarantor of the Subsidiary Guarantors covenants (to the extent that it may lawfully do so) that it shall will not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants Company's or any Subsidiary Guarantor's obligation to pay the Notes or the performance Subsidiary Guarantees and each of this Indenture; and the Company and each of the Subsidiary Guarantors (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such lawlaw insofar as such law applies to the Notes or the Subsidiary Guarantees, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 1 contract
Samples: Indenture (Beazer Homes Texas Lp)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of or interest (including any Additional Interest) on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; and the . The Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Solarfun Power Holdings Co., Ltd.
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants of the Guarantors covenant (to the extent that it may lawfully do so) that it they shall not at any time insist upon, plead, plead or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of or interest accrued but unpaid interest, if any, on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; , and the Company and each of the Guarantors (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, law and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Iconix Brand Group, Inc.)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of or interest interest, including Additional Interest, if any, on the Notes Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; Indenture and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Macrovision Corp
Stay, Extension and Usury Laws. Each of the Company and each Guarantor The Corporation covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company Corporation from paying all or any portion of the principal of or accrued but unpaid interest on the Notes Debentures as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; , and the Company Corporation (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, law and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Stay, Extension and Usury Laws. Each of the The Company covenants and each Guarantor covenants agrees (to the extent that it may lawfully do so) that it shall will not, and will not permit any of its Subsidiaries to, at any time insist upon, plead, or in any manner whatsoever claim or take the benefit of or advantage of, and will use its best efforts to resist any attempts to claim or take the benefit of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of its obligations under this Indenture; Agreement, the Notes or any other Transaction Document, and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the TrusteeHolders, but will suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 1 contract
Samples: Amended And (Ladish Co Inc)
Stay, Extension and Usury Laws. Each of the Company and each Subsidiary Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or any interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Expedia Group, Inc.)
Stay, Extension and Usury Laws. Each of the The Company and each Subsidiary Guarantor covenants and agrees (to the extent that it may lawfully do so) that it shall will not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, and will use its best efforts to resist any attempts to claim or take the benefit of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of its obligations under this Indenture; Agreement or the Debenture. The Company and the Company each Subsidiary Guarantor (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the TrusteeHolders, but will suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 1 contract
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of of, premium, if any, or interest Interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; Indenture and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted. The foregoing shall not limit the terms of Section 2.04(a).
Appears in 1 contract
Samples: Indenture (Dynegy Inc /Il/)
Stay, Extension and Usury Laws. Each The Company hereby, and each of the Company Subsidiary Guarantors by execution and each Guarantor delivery of its Subsidiary Guarantee, covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company and each of the Subsidiary Guarantors (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will shall not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 1 contract
Samples: Finlay Enterprises Inc /De
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of of, or interest on and Additional Interest on, the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Forest City Enterprises Inc
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of of, premium, if any, or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; , and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, law and covenants covenant that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.. Section
Appears in 1 contract
Stay, Extension and Usury Laws. Each of the Company and each Guarantor the Subsidiary Guarantors covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this IndentureIndenture (including, but not limited to, the payment of the principal of or interest on the Notes); and the Company and each Subsidiary Guarantor (to the extent it that they may lawfully do so) hereby expressly waives waive all benefit or advantage of any such law, and covenants covenant that it will they shall not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 1 contract
Samples: American Architectural Products Corp
Stay, Extension and Usury Laws. Each of the Company and each Guarantor the Guarantors covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company and the Guarantors (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Xerox Corp
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of or interest (including any Additional Interest) on the Notes Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; and the . The Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Eddie Bauer Holdings, Inc.
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this IndentureIndenture ; and the Company (in each case, to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, law to the extent it would hinder, delay or impede the execution of any power herein granted to the TrusteeTrustee , but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: www.adamsdrafting.com
Stay, Extension and Usury Laws. Each of the Company Company, the Guarantors and each Guarantor the Subsidiary Guarantors covenants (to the extent that it may lawfully do so) that it shall will not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this IndentureIndenture or the Securities; and each of the Company Company, the Guarantors, and the Subsidiary Guarantors (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, law and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 1 contract
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not will not, nor will it permit any of its Subsidiaries to, at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; Agreement, and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, law and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the TrusteePurchaser, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Berkshire Grey, Inc.)
Stay, Extension and Usury Laws. Each The Company covenants and agrees for the benefit of the Company and Holders of each Guarantor covenants Series of Securities (to the extent that it may lawfully do so) that it shall not will not, and each guarantor of such Securities will not, at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company and each such guarantor (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the TrusteeTrustee for such Securities, but will suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 1 contract
Samples: Visteon European Holdings, Inc.
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it they may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of or accrued but unpaid interest on the Notes Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; , and the Company (to the extent it may lawfully do so) hereby expressly 42 waives all benefit or advantage of any such law, law and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Supplemental Indenture (Mylan Bertek Pharmaceuticals Inc.)
Stay, Extension and Usury Laws. Each of the Company and each Guarantor the Subsidiary Guarantors covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this IndentureIndenture (including, but not limited to, the payment of the principal of or interest on the Notes); and the Company and each Subsidiary Guarantor (to the extent it that they may lawfully do so) hereby expressly waives waive all benefit or advantage of any such law, and covenants covenant that it will they shall not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Notes Trustee, but will shall suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 1 contract
Samples: Indenture (Bluegreen Corp)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal Accreted Principal Amount of or interest Interest on the Notes Debentures as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; Indenture and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Kellwood Co)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of of, or premium, if any, or interest on on, the Notes Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; , and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, law and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Polymedica Corp
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company it from paying all or any portion of the any principal of of, or interest or premium on the Notes Note as contemplated hereinherein or therein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indentureany of the Transaction Documents; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such lawLaw, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trusteeany Buyer, but will suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 1 contract
Samples: Securities Purchase Agreement (Gulf Western Petroleum Corp)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist uponon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest any Special Interest and Additional Interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Snap Inc)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of of, interest on, or interest the Make Whole Premium, if any, on the Notes Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; , and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, law and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Century Aluminum Co
Stay, Extension and Usury Laws. Each of the Company and each the Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Radius Global Infrastructure, Inc.
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of or interest interest, including Additional Interest, if any, on the Notes Securities as contemplated herein, wherever 44 enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; Indenture and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Borland Software Corp)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of of, interest, Contingent Interest or interest Liquidated Damages, if any, on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; , and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, law and covenants covenant that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (PSS World Medical Inc)
Stay, Extension and Usury Laws. Each The Company, the Co-Issuer and each of the Company and each Guarantor covenants Guarantors covenant (to the extent that it they may lawfully do so) that it they shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this IndentureIndenture and the Notes; and the Company Company, the Co-Issuer and each of the Guarantors (to the extent it that they may lawfully do so) hereby expressly waives waive all benefit or advantage of any such law, and covenants covenant that it will they shall not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 1 contract
Samples: Senior Subordinated Notes Indenture (ASC Acquisition LLC)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the ------------------------------ extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes Debentures as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 1 contract
Samples: Sequus Pharmaceuticals Inc
Stay, Extension and Usury Laws. Each of the Company and each Guarantor the Guarantors covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company or such Guarantor from paying all or any portion of the principal of or any interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company and each Guarantor (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Gamida Cell Ltd.)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of of, interest on, or interest on Additional Distributions, if any, with respect to the Notes Debentures as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Liberty Media Corp)
Stay, Extension and Usury Laws. Each of the Company and each Guarantor the Subsidiary Guarantors covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that may affect the covenants or the performance of this IndentureIndenture (including, but not limited to, the payment of the principal of or interest on the Securities); and the Company and each Subsidiary Guarantor (to the extent it that they may lawfully do so) hereby expressly waives waive all benefit or advantage of any such law, and covenants covenant that it will they shall not, by resort to any such law, hinder, delay or impede the execution of 63 55 any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 1 contract
Samples: Indenture (H R Window Supply Inc)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of or interest (including Liquidated Damages, if any) on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; Indenture and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 1 contract
Samples: Indenture (Cke Restaurants Inc)
Stay, Extension and Usury Laws. Each of the The Company and each Guarantor covenants (to ------------------------------ the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay, extension or usury law or other law that which would prohibit or forgive the Company from paying all or any portion of the principal of of, premium, if any, or interest on the Notes Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or that which may affect the covenants or the performance of this Indenture; Indenture and the Company (to the extent it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had has been enacted.
Appears in 1 contract