Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 38 contracts
Sources: Loan and Security Agreement (Homebanc Corp), Indenture (James River Group, INC), Indenture (Temecula Valley Bancorp Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fullcanceled, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 19 contracts
Sources: Indenture (ACA Capital Holdings Inc), Indenture (Penn America Group Inc), Indenture (Nara Bancorp Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, before all Senior Indebtedness is paid in full, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 12 contracts
Sources: Indenture (Hyperscale Data, Inc.), Indenture (Singing Machine Co Inc), Indenture (Ault Global Holdings, Inc.)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company to the Holders of the Notes with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, interest on, or interest on any other amount owing in respect of, the DebenturesNotes. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Holder of the Notes when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 8 contracts
Sources: Third Supplemental Indenture (Coastal Corp), Fourth Supplemental Indenture (Tele Communications Inc /Co/), First Supplemental Indenture (Xl Capital LTD)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, of or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph sentence of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of the Senior Indebtedness.
Appears in 7 contracts
Sources: Indenture (First Busey Statutory Trust V), Indenture (Team Financial Capital Trust I), Indenture (Baylake Capital Trust I)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, or in the event that the maturity of any Senior Indebtedness of the Company Company, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, or interest on the DebenturesNotes including payment with respect to any obligation due under the Preferred Securities Guarantee. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Holder when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 6 contracts
Sources: Eighth Supplemental Indenture (HSBC Finance Capital Trust IX), Supplemental Indenture (Household Capital Trust Vii), Supplemental Indenture (Household International Inc)
Default on Senior Indebtedness. In the event and during ------------------------------ the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 6 contracts
Sources: Indenture (First Banks, Inc), Indenture (Intervest Bancshares Corp), Indenture (First Banks, Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 6 contracts
Sources: Indenture (Tib Financial Corp.), Indenture (Usb Holding Co Inc), Indenture (Bnccorp Inc)
Default on Senior Indebtedness. In If there should occur any receivership, insolvency, assignment for the event benefit of creditors, bankruptcy, reorganization or arrangements with creditors (whether or not pursuant to bankruptcy or other insolvency laws), sale of all or substantially all of the assets, dissolution, liquidation or any other marshalling of the assets and during liabilities of the continuation Company, or if this Note shall be declared due and payable upon the occurrence of an Event of Default with respect to any default Senior Indebtedness, then (i) no amount shall be paid by the Company in respect of the principal of or interest on this Note at the time outstanding, unless and until the principal of and interest on the Senior Indebtedness then outstanding shall be paid in full, and (ii) no claim or proof of claim shall be filed with the Company by or on behalf of the Holder of this Note that shall assert any right to receive any payments in respect of the principal of and interest on this Note, except subject to the payment in full of principal, premium, the principal of and interest or any other payment due on all of the Senior Indebtedness then outstanding. If there occurs an event of default that has been declared in writing with respect to any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of instrument under which any Senior Indebtedness is outstanding, permitting the holder of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not to accelerate the maturity thereof, then, unless and until such event of default shall have been cured or waived or shall have ceased to exist, or all Senior Indebtedness shall have been paid in full, then, in either case, no payment shall be made by the Company with in respect to of the principal (including redemption) of, or premium, if any, of or interest on this Note, unless within three (3) months after the Debentures. In the happening of such event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered todefault, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any maturity of such Senior Indebtedness may shall not have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtednessaccelerated.
Appears in 5 contracts
Sources: Convertible Subordinated Note Purchase Agreement (Tumbleweed Communications Corp), Convertible Subordinated Note Purchase Agreement (Tumbleweed Communications Corp), Convertible Subordinated Note Purchase Agreement (Interface Systems Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.715.06, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 5 contracts
Sources: Indenture (Mercantile Bancorporation Inc), Indenture (Community Bancshares Inc /De/), Indenture (Leucadia Capital Trust I)
Default on Senior Indebtedness. In Upon the event occurrence and during the any continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of such a default, or in the event of the commencement of a judicial proceeding with regard to such an alleged default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fullevent of default, then, in either any case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, of or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph sentence of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of the Senior Indebtedness.
Appears in 5 contracts
Sources: Indenture (S.Y. Bancorp Capital Trust II), Indenture (S Y Bancorp Inc), Indenture (S Y Bancorp Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the No payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, or interest (including any Additional Interest or Compound Interest) or Additional Redemption Distributions, if any, on the DebenturesSecurities may be made if there shall have occurred and be continuing (i) a default in the payment when due of principal of, premium, if any, sinking funds, if any, or interest, if any, on any Senior Indebtedness of the Company and any applicable grace period with respect to such default shall have ended without such default having been cured or waived or ceasing to exist or (ii) an event of default with respect to any Senior Indebtedness of the Company resulting in the acceleration of the maturity thereof without such acceleration having been rescinded or annulled. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.21202, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 5 contracts
Sources: Indenture (Fleetwood Enterprises Inc/De/), Indenture (Fleetwood Capital Trust Iii), Indenture (Fleetwood Enterprises Inc/De/)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company or the Guarantor in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodor the Guarantor, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company or the Guarantor, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesNotes, including payment with respect to any obligation due under the Guarantees. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any holder when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 4 contracts
Sources: Supplemental Indenture (Mediaone Group Inc), Supplemental Indenture (Us West Inc), Second Supplemental Indenture (Mediaone Finance Trust Ii)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities until such default shall have been cured or waived in writing or shall have ceased to exist or such Senior Indebtedness shall have been discharged or paid in full. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Securityholder when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.212.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 4 contracts
Sources: Junior Subordinated Indenture (Spinnaker Exploration Co), Junior Subordinated Indenture (Dynegy Capital Trust Iii), Junior Subordinated Indenture (Continental Airlines Finance Trust Iii)
Default on Senior Indebtedness. In No payment may be made of the event and during principal of, premium, if any, or interest on the continuation Securities, or in respect of any default by redemption, retirement, purchase or other acquisition of any of the Company Securities, at any time when (i) there is a default, after giving effect to any applicable grace period, in the payment of principalthe principal of, premium, if any, interest on or any other payment due on otherwise in respect of any Senior Indebtedness of the Company following any grace periodIndebtedness, whether at maturity or at a date fixed for prepayment or by declaration or otherwise, or in the event that (ii) the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 4 contracts
Sources: Indenture (State National Companies, Inc.), Indenture (James River Group, INC), Indenture (Proassurance Corp)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness continuing beyond the period of grace, if any, specified in the Company following any grace periodinstrument evidencing such Senior Indebtedness, unless and until such default shall have been cured or waived or shall have ceased to exist, and in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, then no payment shall be made by the Company with respect to the principal of (including redemption) ofredemption payments, or if any), premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.21202, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 4 contracts
Sources: Indenture (Warnaco Group Inc /De/), Indenture (Inacom Corp), Indenture (Designer Holdings LTD)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the No payment of principal, premium, interest or any other payment due on any Senior Indebtedness may be made of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the DebenturesSecurities, or in respect of any redemption, retirement, purchase or other acquisition of any of the Securities, at any time when (i) there is a default in the payment of the principal of, premium, if any, interest on or otherwise in respect of any Senior Indebtedness, whether at maturity or at a date fixed for prepayment or by declaration or otherwise, or (ii) any event of default with respect to any Senior Indebtedness has occurred and is continuing, or would occur as a result of such payment on the Securities or any redemption, retirement, purchase or other acquisition of any of the Securities, permitting the holders of such Senior Indebtedness (or a trustee on behalf of the holders thereof) to accelerate the maturity thereof. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 4 contracts
Sources: Indenture (Countrywide Home Loans Inc), Indenture (Municipal Mortgage & Equity LLC), Indenture (Countrywide Financial Corp)
Default on Senior Indebtedness. In the event and during the continuation of that any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following has occurred and is continuing and any applicable grace periodperiod with respect to such default has expired and such default has not been cured or waived or ceased to exist, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.213.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 4 contracts
Sources: Indenture (WPSR Capital Trust I), Indenture (WPSR Capital Trust I), Indenture (Arvin Capital I)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company Guarantor in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company any Guarantor with respect to the principal (including redemption) of, or premium, if any, or interest Note Guarantee on the DebenturesGuaranteed Notes until such Guarantor’s obligations with respect to the Senior Indebtedness are paid in full. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.217.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders Holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture or agreement pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders Holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 120 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders Holders of such Senior Indebtedness.
Appears in 4 contracts
Sources: Supplemental Indenture (Cit Group Inc), Supplemental Indenture (Cit Group Inc), Supplemental Indenture (Cit Group Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company to the Holders of the Notes with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, interest on, or interest on any other amount owing in respect of, the DebenturesNotes. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Holder of the Notes when such payment is prohibited by the preceding paragraph of this Section 15.2502, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 4 contracts
Sources: Supplemental Indenture (Teco Energy Inc), Supplemental Indenture (Teco Capital Trust Iii), Supplemental Indenture (Teco Capital Trust Iii)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company to the Holders of the Notes with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on on, or any other amount owing in respect of, the DebenturesNotes. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Holder of the Notes when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 3 contracts
Sources: Third Supplemental Indenture (Tci Communications Financing Vi), First Supplemental Indenture (Tci Communications Financing Iv), First Supplemental Indenture (Tci Communications Financing Iv)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and or in the event any judicial proceeding is pending with respect to any such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either any such case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, of or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph sentence of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of the Senior Indebtedness.
Appears in 3 contracts
Sources: Indenture (Itla Capital Corp), Indenture (Mb Financial Capital Trust I), Indenture (Mb Financial Inc /Md)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following (and any applicable grace period, period with respect to such default has ended and such default has not been cured or waived) or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premiuminterest on, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Holder when such payment is prohibited by the preceding paragraph of this Section 15.213.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 3 contracts
Sources: Indenture (American Financial Group Inc), Indenture (Provident Capital Trust Iv), Indenture (American Annuity Group Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 3 contracts
Sources: Indenture (Tib Financial Corp.), Indenture (First Community Bancorp /Ca/), Indenture (Home Bancshares Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, of or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including redemption payments) of or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness Indebtedness, and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 3 contracts
Sources: Indenture (Sterling Bancshares Inc), Indenture (Sterling Bancshares Capital Trust Ii), Indenture (Sterling Bancshares Capital Trust Ii)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, or interest on the Subordinated Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any holder of Subordinated Debentures when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 3 contracts
Sources: Second Supplemental Indenture (TDS Capital Ii), Indenture (Telephone & Data Systems Inc), Indenture (Telephone & Data Systems Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness with respect to the Securities of the Company following any grace periodseries, or in the event that the maturity of any Senior Indebtedness with respect to the Securities of the Company any series has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, any premium or premium, if anyinterest on, or interest on any Additional Amounts with respect to, the DebenturesSecurities of such series or to acquire such Securities (other than pursuant to the conversion of such Securities). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (Partnerre LTD), Junior Subordinated Indenture (Partnerre LTD), Junior Subordinated Indenture (Partnerre LTD)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness with respect to the Securities of the Company following any grace periodseries, or in the event that the maturity of any Senior Indebtedness with respect to the Securities of the Company any series has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, any premium or premium, if anyinterest on, or interest on any Additional Amounts with respect to, the DebenturesSecurities of such series or to acquire such Securities (other than pursuant to the conversion of such Securities). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.213.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 2 contracts
Sources: Subordinated Indenture (Aspen Insurance Holdings LTD), Subordinated Indenture (MRH Capital Trust I)
Default on Senior Indebtedness. In the event and during the ------------------------------- continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (Florida Banks Inc), Indenture (Intervest Bancshares Corp)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any applicable grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default default, and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest payments due on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.715.06, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (QCR Holdings Inc), Indenture (Service 1st Bancorp)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of Indebtedness, or in the Company following event that any applicable grace periodperiod with respect to such default has ended and such default has not been cured or waived or ceased to exist, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the Subordinated Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness Indebtedness, and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 2 contracts
Sources: Fourth Supplemental Indenture (Northwestern Corp), Third Supplemental Indenture (Northwestern Corp)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premiuminterest on, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.211.02, subject to the provisions of Section 11.06, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (Berkshire Hathaway Energy Co), Indenture (Midamerican Energy Holdings Co /New/)
Default on Senior Indebtedness. In the event and during the ------------------------------ continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (Alabama National Bancorporation), Indenture (Prosperity Bancshares Inc)
Default on Senior Indebtedness. In the event and during the continuation of that any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following has occurred and is continuing and any applicable grace periodperiod with respect to such default has expired and such default has not been cured or waived or ceased to exist, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.214.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (WPS Resources Corp), Indenture (WPS Resources Corp)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, or in the event that the maturity of any Senior Indebtedness of the Company Company, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, or interest on the DebenturesNotes including payment with respect to any obligation due under the Capital Securities Guarantee. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Holder when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 2 contracts
Sources: Eighth Supplemental Indenture (HSBC Finance Capital Trust IX), Supplemental Indenture (Household International Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company Corporation in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company Corporation with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Corporation with respect to the principal (including redemption payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (Peoples Heritage Financial Group Inc), Indenture (First Commonwealth Financial Corp /Pa/)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness with respect to the Securities of the Company following any grace periodseries, or in the event that the maturity of any Senior Indebtedness with respect to the Securities of the Company any series has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, any premium or interest on on, the DebenturesSecurities of such series. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (Cit Group Inc), Indenture (Cit Group Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company Company, with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (Union Planters Corp), Indenture (Marshall & Ilsley Corp/Wi/)
Default on Senior Indebtedness. In Upon the event occurrence and during the any ------------------------------ continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of such a default, or in the event of the commencement of a judicial proceeding with regard to such an alleged default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fullevent of default, then, in either any case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, of or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph sentence of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days prior to the Trustee's receipt of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of the Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (Abc Bancorp Capital Trust I), Indenture (Abc Bancorp Capital Trust I)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on in respect of any Senior Indebtedness of the Company following any applicable grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default default, and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest payments due on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2Section, such payment shall, subject to Section 15.715.06, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (Kingsway Financial Services Inc), Indenture (American Safety Insurance Group LTD)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesNotes. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any holder when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 2 contracts
Sources: Supplemental Indenture (Commonwealth Edison Co), Fourth Supplemental Indenture (Commonwealth Edison Co)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any applicable grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default default, and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, full then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest payments due on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee Securityholders when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee Securityholders in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee Securityholders shall be paid to the holders of Senior Indebtedness.
Appears in 2 contracts
Sources: Securityholders Agreement (Uwharrie Capital Corp), Securityholders Agreement (Uwharrie Capital Corp)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities until such default shall have been cured or waived in writing or shall have ceased to exist or such Senior Indebtedness shall have been discharged or paid in full. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including redemption payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Securityholder when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (Dynegy Capital Trust Iii), Subordinated Debenture Indenture (NGC Corp)
Default on Senior Indebtedness. In No payment may be made of the event and during principal of, premium, if any, or interest on the continuation Securities, or in respect of any default by redemption, retirement, purchase or other acquisition of any of the Company Securities, at any time when (i) there is a default, after giving effect to any applicable grace period, in the payment of principal, the principal of; premium, if any, interest on or any other payment due on otherwise in respect of any Senior Indebtedness of the Company following any grace periodIndebtedness, whether at maturity or at a date fixed for prepayment or by declaration or otherwise, or in the event that (ii) the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (First Mercury Financial Corp), Indenture (First Mercury Financial Corp)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities until such default shall have been cured or waived in writing or shall have ceased to exist or such Senior Indebtedness shall have been discharged or paid in full. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including redemption payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Securityholder when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.2SECTION 15.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (Illinois Power Co), Indenture (Illinois Power Co)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company or the Guarantor in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following or the Guarantor, as the case may be (after any applicable grace periodperiod with respect to such payment default has elapsed with such default not having been cured or waived or ceasing to exist), or in the event that the maturity of any Senior Indebtedness of the Company or the Guarantor, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company or the Guarantor, as the case may be, with respect to the principal (including redemptionredemption and sinking fund payments, if any) of, or premium, if any, or interest on the DebenturesSecurities, including payment with respect to any obligation due under the Guarantees. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (Countrywide Financial Corp), Indenture (Countrywide Capital Ii)
Default on Senior Indebtedness. In If there should occur any receivership, insolvency, assignment for the event and during benefit of creditors, bankruptcy, reorganization or arrangements with creditors (whether or not pursuant to bankruptcy or other insolvency laws) sale of all or substantially all of the continuation of any default by the Company in the payment of principalassets, premiumdissolution, interest liquidation or any other payment marshaling of the assets and liabilities of the Issuer, or if this Note shall be declared due on and payable upon the occurrence of an event of default with respect to any Senior Indebtedness Indebtedness, then (i) no amount shall be paid by the Issuer in respect of the Company following principal of or interest on this Note at the time outstanding, unless and until the principal of and interest on the Senior Indebtedness then outstanding shall be paid in full, and (ii) no claim or proof of claim shall be filed with the Issuer by or on behalf of the Holder of this Note that shall assert any grace periodright to receive any payments in respect of the principal of and interest on this Note, except subject to the payment in full of the principal of and interest on all of the Senior Indebtedness then outstanding. If there occurs an event of default that has been declared in writing with respect to any Senior Indebtedness, or in the event that the maturity of instrument under which any Senior Indebtedness is outstanding, permitting the holder of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not to accelerate the maturity thereof, then, unless and until such event of default shall have been cured or waived or shall have ceased to exist, or all Senior Indebtedness shall have been paid in full, then, in either case, no payment shall be made by the Company with in respect to of the principal (including redemption) of, or premium, if any, of or interest on this Note, unless within 60 days after the Debentures. In the happening of such event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered todefault, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any maturity of such Senior Indebtedness may shall not have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtednessaccelerated.
Appears in 2 contracts
Sources: Subordinated Note Agreement (FriendFinder Networks Inc.), Subordinated Note Agreement (FriendFinder Networks Inc.)
Default on Senior Indebtedness. In the event and during the ------------------------------ continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (Gateway Bancshares Inc /Ga/), Indenture (Intervest Bancshares Corp)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness continuing beyond the period of grace, if any, specified in the Company following any grace periodinstrument evidencing such Senior Indebtedness, unless and until such default shall have been cured or waived or shall have ceased to exist, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, then no payment shall be made by the Company with respect to the principal of (including redemption) ofredemption payments), or premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.21202, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (Calenergy Co Inc), Indenture (Calenergy Capital Trust Iii)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including redemption payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of all Allocable Amounts due in respect of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment of the amounts Allocable Amounts then due and owing on the such Senior Indebtedness and only the amounts Allocable Amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (Hubco Inc), Indenture (Hubco Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionprepayments) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including prepayments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of all Allocable Amounts due in respect of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment of the amounts Allocable Amounts then due and owing on the such Senior Indebtedness and only the amounts Allocable Amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (New York Bancorp Capital Trust), Indenture (Life Financial Capital Trust)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness with respect to the Securities of the Company following any grace periodseries, or in the event that the maturity of any Senior Indebtedness with respect to the Securities of the Company any series has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, any premium or premium, if anyinterest on, or interest on any Additional Amounts with respect to, the DebenturesSecurities of such series. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (Jabil Circuit Inc), Indenture (Jabil Circuit Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company Guarantor in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company any Guarantor with respect to the principal (including redemption) of, or premium, if any, or interest Note Guarantee on the DebenturesGuaranteed Notes until such Guarantor’s obligations with respect to the Senior Indebtedness are paid in full. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.217.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture or agreement pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 120 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 2 contracts
Sources: Supplemental Indenture (Cit Group Inc), Supplemental Indenture (Cit Group Inc)
Default on Senior Indebtedness. In Upon the event occurrence and during the any continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of such a default, or in the event of the commencement of a judicial proceeding with regard to such an alleged default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fullevent of default, then, in either any case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, of or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph sentence of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 ninety (90) days of after such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of the Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (Stifel Financial Corp), Indenture (Stifel Financial Corp)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness with respect to the Securities of the Company following any grace periodseries, or in the event that the maturity of any Senior Indebtedness with respect to the Securities of the Company any series has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, any premium or interest on on, the DebenturesSecurities of such series. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.214.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and upon written direction from the Company shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the Company or the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 2 contracts
Sources: Indenture (Athene Holding Ltd.), Indenture (Athene Holding Ltd.)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.214.3, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (Noram Financing Ii)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness continuing beyond the period of grace, if any, specified in the Company following any grace periodinstrument evidencing such Senior Indebtedness, or in the event that the maturity Maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default, unless and until such default and shall have been cured or waived or shall have ceased to exist, or any such acceleration or demand for payment has not been rescinded or canceled and such Senior Indebtedness has not been paid in fullrescinded, then, in either any such case, no payment shall be made by the Company with respect to the principal of (including redemption) ofredemption payments, or if any), premium, if any, or interest on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Indenture Trustee when such payment is prohibited by the preceding paragraph of this Section 15.212.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Indenture Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Indenture Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (Breed Technologies Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments, if any) of, or of premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any holder when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesNotes. In the event that, notwithstanding the foregoing, any payment or distribution of any assets of the Company of any kind whatsoever shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.26.2 or of Section 6.3, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only for application to the extent that the holders payment of the all Senior Indebtedness remaining unpaid until all such Senior Indebtedness shall have been paid in full, after giving effect to any concurrent payment or distribution (or their representative or representatives or a trusteeprovision therefor) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (Southern Union Co)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal princi- pal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesDebt Securities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.214.3, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness Indebt- edness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness Indebted- ness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (Noram Energy Corp)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company Guarantor in the payment of principal, premium, interest or any other payment due on in respect of any Senior Indebtedness of the Company following any applicable grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default default, and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company Guarantor with respect to the principal (including redemption) of, or premium, if any, or interest on the Debenturesany Guaranteed. Obligations. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2Section, such payment shall, subject to Section 15.717.06, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may 66 have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness continuing beyond the period of grace, if any, specified in the Company following any grace periodinstrument evidencing such Senior Indebtedness, unless and until such default shall have been cured or waived or shall have ceased to exist, and in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, then no payment shall be made by the Company with respect to the principal of (including redemption) ofredemption payments), or premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.212.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, representatives or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, appear but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts amount specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness continuing beyond the period of grace, if any, specified in the Company following any grace periodinstrument evidencing such Senior Indebtedness, unless and until such default shall have been cured or waived or shall have ceased to exist, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default default, or if an "Event of Default" (as 74 67 defined therein) has occurred and is continuing under the Credit Facility that would permit the lenders under such acceleration has not been rescinded Credit Facility to accelerate the maturity thereof or canceled and such Senior Indebtedness has not been paid demand payment in full, then, in either case, then no payment shall be made by the Company with respect to the principal of (including redemption) ofredemption payments, or if any), premium, if any, or interest (including Additional Payments, if any) on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.212.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (Titanium Metals Corp)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company as the case may be has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, Redemption Price of or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.213.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness of the Company or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Sources: 8.54% Junior Subordinated Deferrable Interest Indenture (Renaissancere Holdings LTD)
Default on Senior Indebtedness. In the event and during the ------------------------------- continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (Florida Banks Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following Company, and any applicable grace periodperiod with respect to such default has expired and such default has not been cured or waived or ceased to exist, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the Subordinated Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2Section, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.and
Appears in 1 contract
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures, including Additional Interest. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Default on Senior Indebtedness. In If there should occur any receivership, insolvency, assignment for the benefit of creditors, bankruptcy, reorganization or arrangements with creditors (whether or not pursuant to bankruptcy or other insolvency laws), sale of all or substantially all of the assets, dissolution, liquidation or any other marshaling of the assets and liabilities of the Company, or if this Note shall be declared due and payable upon the occurrence of an event and during the continuation of default with respect to any default Senior Indebtedness, then (i) no amount shall be paid by the Company in respect of the principal of or interest on this Note at the time outstanding, unless and until the principal of and interest on the Senior Indebtedness then outstanding shall be paid in full, and (ii) no claim or proof of claim shall be filed with the Company by or on behalf of the Holder of this Note that shall assert any right to receive any payments in respect of the principal of and interest on this Note, except subject to the payment in full of principal, premium, the principal of and interest or any other payment due on all of the Senior Indebtedness then outstanding. If there occurs an event of default that has been declared in writing with respect to any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of instrument under which any Senior Indebtedness is outstanding, permitting the holder of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not to accelerate the maturity thereof, then, unless and until such event of default shall have been cured or waived or shall have ceased to exist, or all Senior Indebtedness shall have been paid in full, then, in either case, no payment shall be made by the Company with in respect to of the principal (including redemption) of, or premium, if any, of or interest on this Note, unless within three (3) months after the Debentures. In the happening of such event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered todefault, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any maturity of such Senior Indebtedness may shall not have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtednessaccelerated.
Appears in 1 contract
Sources: Convertible Note Purchase Agreement (Third Wave Technologies Inc /Wi)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness continuing beyond the period of grace, if any, specified in the Company following any grace periodinstrument evidencing such Senior Indebtedness, unless and until such default shall have been cured or waived or shall have ceased to exist, and in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, then no payment shall be made by the Company with respect to the principal of (including redemption) ofredemption payments, or if any), premium, if any, or interest on the Convertible Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.21202, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (Central Parking Corp)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness continuing beyond the period of grace, if any, specified in the Company following any grace periodinstrument evidencing such Senior Indebtedness, unless and until such default shall have been cured or waived or shall have ceased to exist, and in the event that the maturity of any 75 Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, then no payment shall be made by the Company with respect to the principal of (including redemption) ofredemption payments, or if any), premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.212.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (Walbro Capital Trust)
Default on Senior Indebtedness. In If there should occur any receivership, insolvency, assignment for the event benefit of creditors, bankruptcy, reorganization or arrangements with creditors (whether or not pursuant to bankruptcy or other insolvency laws), sale of all or substantially all of the assets, dissolution, liquidation or any other marshaling of the assets and during liabilities of the continuation Company, or if this Note shall be declared due and payable upon the occurrence of a default with respect to any default Senior Indebtedness, then (i) no amount shall be paid by the Company in respect of the principal of or interest on this Note at the time outstanding, unless and until the principal of and interest on the Senior Indebtedness then outstanding shall be paid in full, and (ii) no claim or proof of claim shall be filed with the Company by or on behalf of the Holder of this Note that shall assert any right to receive any payments in respect of the principal of and interest on this Note, except subject to the payment in full of principal, premium, the principal of and interest or any other payment due on all of the Senior Indebtedness then outstanding. If there occurs an event of default that has been declared in writing with respect to any Senior Indebtedness of as defined in the Company following any grace period, instrument governing such Senior Indebtedness or in the event that the maturity of instrument under which any Senior Indebtedness is outstanding, permitting the holder of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not to accelerate the maturity there of, then, unless and until such default shall have been cured or waived or shall have ceased to exist, or all Senior Indebtedness shall have been paid in full, then, in either case, no payment shall be made by the Company with in respect to of the principal (including redemption) of, or premium, if any, of or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior IndebtednessNote.
Appears in 1 contract
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company Bank in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company Bank following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company Bank has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company Bank with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness continuing beyond the period of grace, if any, specified in the Company following any grace periodinstrument evidencing such Senior Indebtedness, unless and until such default shall have been cured or waived or shall have ceased to exist, and in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, then no payment shall be made by the Company with respect to the principal of (including redemption) ofredemption payments, or if any), premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.21202, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premiuminterest on, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.21102, subject to the provisions of Section 1106, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (NVP Capital Iii)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following (and any applicable grace period, period with respect to such default has ended and such default has not been cured or waived) or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premiuminterest on, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Holder when such payment is prohibited by the preceding paragraph of this Section 15.211.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company or the Guarantor in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following (and any applicable grace period, period with respect to such default has ended and such default has not been cured or waived) or in the event that the maturity of any Senior Indebtedness of the Company or the Guarantor, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premiuminterest on, if anythe Securities, or interest on including payment with respect to any obligation due under the DebenturesGuarantee. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Holder when such payment is prohibited by the preceding paragraph of this Section 15.211.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (American Annuity Group Capital Trust Ii)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company Guarantor in the payment of principal, premium, interest or any other payment due on in respect of any Senior Indebtedness of the Company following any applicable grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default default, and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company Guarantor with respect to the principal (including redemption) of, or premium, if any, or interest on the Debenturesany Guaranteed Obligations. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2Section, such payment shall, subject to Section 15.717.06, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionprepayment) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including prepayments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent of the amounts due in respect of such Senior Indebtedness and only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment payment, of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (Orion Capital Trust I)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following Company, and any applicable grace periodperiod with respect to such default has expired and such default has not been cured or waived or ceased to exist, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal princi pal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the Subordinated Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2Section, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness Indebted ness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness Indebted ness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Default on Senior Indebtedness. In the event and during the ------------------------------ continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fullcanceled, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (New South Bancshares Inc)
Default on Senior Indebtedness. In Upon the event occurrence and during the any continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of such a default, or in the event of the commencement of a judicial proceeding with regard to such an alleged default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fullevent of default, then, in either any case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, of or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph sentence of this Section 15.217.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of the Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (Tompkins Financial Corp)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company Subsidiary Guarantor in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company any Subsidiary Guarantor with respect to the principal (including redemption) of, or premium, if any, or interest Note Guarantee on the DebenturesGuaranteed Notes until such Subsidiary Guarantor’s obligations with respect to the Senior Indebtedness are paid in full. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders Holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture or agreement pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders Holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 120 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders Holders of such Senior Indebtedness.
Appears in 1 contract
Default on Senior Indebtedness. In Upon the event occurrence and during the any continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of such a default, or in the event of the commencement of a judicial proceeding with regard to such an alleged default or event of default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either any case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, of or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph sentence of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of the Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (NPB Capital Trust Ii)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness continuing beyond the period of grace, if any, specified in the Company following any grace periodinstrument evidencing such Senior Indebtedness, unless and until such default shall have been cured or waived or shall have ceased to exist, and in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, then no payment shall be made by the Company with respect to the principal of (including redemption) ofredemption payments), or premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.212.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness Indebted- ness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (Dt Industries Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesNotes. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.26.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company or the Guarantor in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following (and any applicable grace period, period with respect to such default has ended and such default has not been cured or waived) or in the event that the maturity of any Senior Indebtedness of the Company or the Guarantor, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, or premium, if any, or interest on on, the DebenturesSecurities, including payment with respect to any obligation due under the Debt Guarantee. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or any Holder when such payment is prohibited by the preceding paragraph of this Section 15.213.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Default on Senior Indebtedness. In the event and -------------------------------- during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (First Banks, Inc)
Default on Senior Indebtedness. In the event and ------------------------------ during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness continuing beyond the period of grace, if any, specified in the Company following any grace periodinstrument evidencing such Senior Indebtedness, unless and until such default shall have been cured or waived or shall have ceased to exist, and in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, then no payment shall be made by the Company with respect to the principal of (including redemption) ofredemption payments), or premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.212.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts amount specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (Nationwide Financial Services Capital Trust)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including redemption payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtednesspayment.
Appears in 1 contract
Sources: Indenture (United National Bancorp)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on in respect of any Senior Indebtedness of the Company following any applicable grace period, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default default, and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either case, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, or interest payments due on the Debentures. In Debt Securities, in the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2Section, such payment shall, subject to Section 15.715.06, be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness Indebtedness_ (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing owing., on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, if any, interest or any other payment due on any Senior Indebtedness of Indebtedness, in the Company following event that any applicable grace periodperiod with respect to such default has ended and such default has not been cured or waived or ceased to exist, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fullrescinded, then, in either caseany of these cases, no payment shall be made by the Company with respect to the principal (including redemption) of, or premium, if any, Redemption Price of or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (Mmi Companies Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company Subsidiary Guarantor in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company any Subsidiary Guarantor with respect to the principal (including redemption) of, or premium, if any, or interest Note Guarantee on the DebenturesGuaranteed Notes until such Subsidiary Guarantor’s obligations with respect to the Senior Indebtedness are paid in full. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.219.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders Holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture or agreement pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders Holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 120 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders Holders of such Senior Indebtedness.
Appears in 1 contract
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, any premium or premium, if anyinterest on, or interest on any Additional Amounts with respect to, the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.213.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 1 contract
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default, or if any judicial proceeding shall be pending with respect to any such default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in full, then, in either any such case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (Citicorp)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment amount due on any Senior Indebtedness with respect to the Securities of the Company following any grace periodseries, or in the event that the maturity of any Senior Indebtedness with respect to the Securities of the Company any series has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption and sinking fund payments) of, any premium or premium, if anyinterest on, or interest on any Additional Amounts with respect to, the DebenturesSecurities of such series. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.216.2, such 77 payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (Ace Ina Holdings Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodCompany, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionincluding, redemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesSecurities. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee or the Holders when such payment is prohibited by the preceding paragraph of this Section 15.216.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (Nordstrom Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the (1) No payment of principal, premium, principal (including redemption payments) or interest or any other payment due on the Exchangeable Securities may be made: (i) if any Senior Indebtedness of the Company following MDC is not paid when due and any applicable grace period, period with respect to a payment default on Senior Indebtedness has ended and such default has not been cured or in the event that waived or ceased to exist; or (ii) if the maturity of any Senior Indebtedness of the Company MDC has been accelerated because of a default and such acceleration either the default has not been rescinded or canceled and such the Senior Indebtedness under which the default has occurred has not been paid repaid in full, then, in either case, no payment shall be made by the Company accordance with respect to the principal its terms.
(including redemption2) of, or premium, if any, or interest on the Debentures. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.217.2, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of instruments evidencing such Senior Indebtedness may have been issued, as their respective interests may appear, but only as calculated by MDC, to the extent that necessary to pay such Senior Indebtedness in full, in cash, after giving effect to any concurrent payment or distribution to or for the benefit of the holders of the such Senior Indebtedness (Indebtedness, before any payment or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice distribution is made to the Trustee shall be paid Holders or to the holders of Senior IndebtednessTrustee.
Appears in 1 contract
Sources: Trust Indenture (MDC Partners Inc)
Default on Senior Indebtedness. In If there re should occur any receivership, insolvency, assignment for the benefit of creditors, bankruptcy, reorganization or arrangements with creditors (whether or not pursuant to bankruptcy or other insolvency laws), sale of all or substantially all of the assets, dissolution, liquidation or any other marshaling of the assets and liabilities of the Company, or if this Note shall be declared due and payable upon the occurrence of an event and during the continuation of default with respect to any default Senior Indebtedness, then (i) no amount shall be paid by the Company in respect of the principal of or interest on this Note at the time outstanding, unless and until the principal of and interest on the Senior Indebtedness then outstanding shall be paid in full, and (ii) no claim or proof of claim shall be filled with the Company by or on behalf of the Holder of this Note that shall assert any right to receive any payments in respect of the principal of and interest on this Note, except subject to the payment in full of principal, premium, the principal of and interest or any other payment due on all of the Senior Indebtedness then outstanding. If there occurs an event of default that has been declared in writing with respect to any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of instrument under which any Senior Indebtedness is outstanding, permitting the holder of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not to accelerate the maturity thereof, then, unless and until such event of default shall have been cured or waived or shall have ceased to exist, or all Senior Indebtedness shall have been paid in full, then, in either case, no payment shall be made by the Company with in respect to of the principal (including redemption) of, or premium, if any, of or interest on this Note, unless within 90 days after the Debentures. In the happening of such event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.2, such payment shall, subject to Section 15.7, be held in trust for the benefit of, and shall be paid over or delivered todefault, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any maturity of such Senior Indebtedness may shall not have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtednessaccelerated.
Appears in 1 contract
Sources: Convertible Subordinated Note and Warrant Purchase Agreement (Netzero Inc)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company or the Guarantor in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodor the Guarantor, as the case may be, or in the event that the maturity of any Senior Indebtedness of the Company Company, as the case may be, has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company or the Guarantor, as the case may be, with respect to the principal (including redemptionredemption and sinking fund payments) of, or premium, if any, or interest on the DebenturesSecurities, including payment with respect to any obligation due under the Guarantees. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.
Appears in 1 contract
Sources: Indenture (Countrywide Capital Ii)
Default on Senior Indebtedness. In the event and during the continuation of any default by the Company in the payment of principal, premium, interest or any other payment due on any Senior Indebtedness of the Company following any grace periodIndebtedness, or in the event that the maturity of any Senior Indebtedness of the Company has been accelerated because of a default and such acceleration has not been rescinded or canceled and such Senior Indebtedness has not been paid in fulldefault, then, in either case, no payment shall be made by the Company with respect to the principal (including redemptionredemption payments) of, of or premium, if any, or interest on the DebenturesSecurities. In the event of the acceleration of the maturity of the Securities, then no payment shall be made by the Company with respect to the principal (including redemption payments) of or premium, if any, or interest on the Securities until the holders of all Senior Indebtedness outstanding at the time of such acceleration shall receive payment in full of such Senior Indebtedness (including any amounts due upon acceleration). In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph paragraphs of this Section 15.215.02, such payment shall, subject to Section 15.7, shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, but only to the extent that the holders of the Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing writing, within 90 days of such payment of the amounts then due and owing on the Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of Senior Indebtedness.then
Appears in 1 contract
Sources: Indenture (Ml Bancorp Inc)