Deferred Interest. To the extent that, subject to and in accordance with the Issuer Priority of Payments, the funds available to the Issuer to pay interest on any Class of Notes (other than the most senior Class of Notes) on an Interest Payment Date (after discharging the Issuer's liabilities of a higher priority) are insufficient to pay the full amount of such interest, payment of the shortfall attributable to such Class of Notes (Deferred Interest) will not then fall due but will instead be deferred until the first Interest Payment Date for such Notes thereafter on which sufficient funds are available (after allowing for the Issuer's liabilities of a higher priority and subject to and in accordance with the relevant Issuer Priority of Payments) to fund the payment of such Deferred Interest to the extent of such available funds. Such Deferred Interest will accrue interest (Additional Interest) at the rate of interest applicable from time to time to the applicable Class of Notes and payment of any Additional Interest will also be deferred until the first Interest Payment Date for such Notes thereafter on which funds are available (after allowing for the Issuer's liabilities of a higher priority subject to and in accordance with the relevant Issuer Priority of Payments) to the Issuer to pay such Additional Interest to the extent of such available funds. Amounts of Deferred Interest and Additional Interest shall not be deferred beyond the Final Maturity Date of the applicable Class of Notes, when such amounts will become due and payable. Payments of interest due on an Interest Payment Date in respect of the most senior Class of Notes then outstanding will not be deferred. In the event of the delivery of a Note Acceleration Notice (as described in Condition 9 (Events of Default)), the amount of interest in respect of such Notes that was due but not paid on such Interest Payment Date will itself bear interest at the applicable rate until both the unpaid interest and the interest on that interest are paid as provided in the Note Trust Deed.
Appears in 3 contracts
Sources: Second Supplemental Note Trust Deed, Third Supplemental Note Trust Deed, Fourth Supplemental Note Trust Deed
Deferred Interest. To the extent that, subject to and in accordance with the relevant Master Issuer Priority of Payments, the funds available to the Master Issuer to pay interest on any Series and Class of Notes (other than any Series and Class of Notes if then the most senior Class of NotesNotes then outstanding) on an Interest Payment Date (after discharging the Master Issuer's liabilities of a higher priority) are insufficient to pay the full amount of such interest, payment of the shortfall attributable to such Series and Class of Notes (Deferred InterestDEFERRED INTEREST) will not then fall due but will instead be deferred until the first Interest Payment Date for such Notes thereafter on which sufficient funds are available (after allowing for the Master Issuer's liabilities of a higher priority and subject to and in accordance with the relevant Master Issuer Priority of Payments) to fund the payment of such Deferred Interest to the extent of such available funds. Such Deferred Interest will accrue interest (Additional InterestADDITIONAL INTEREST) at the rate of interest applicable from time to time to the applicable Series and Class of Notes and payment of any Additional Interest will also be deferred until the first Interest Payment Date for such Notes thereafter on which funds are available (after allowing for the Master Issuer's liabilities of a higher priority subject to and in accordance with the relevant Master Issuer Priority of Payments) to the Master Issuer to pay such Additional Interest to the extent of such available funds. Amounts of Deferred Interest and Additional Interest shall not be deferred beyond the Final Maturity Date of the applicable Series and Class of Notes, when such amounts will become due and payable. Payments of interest due on an Interest Payment Date in respect of the most senior Class of Notes of any Series then outstanding will not be deferred. In the event of the delivery of a Note Acceleration Notice (as described in Condition 9 (Events of Default)CONDITION 9), the amount of interest in respect of such Notes that was due but not paid on such Interest Payment Date will itself bear interest at the applicable rate until both the unpaid interest and the interest on that interest are paid as provided in the Note Master Issuer Trust Deed.
Appears in 2 contracts
Sources: Second Supplemental Master Issuer Trust Deed (Permanent Funding (No. 2) LTD), Second Supplemental Master Issuer Trust Deed (Permanent Funding (No. 2) LTD)
Deferred Interest. To As provided in the extent that, subject to and in accordance with the Issuer Priority of PaymentsIndenture, the funds available to Company shall have the Issuer to pay interest on ----------------- right, at any Class of Notes (other than the most senior Class of Notes) on an Interest Payment Date (after discharging the Issuer's liabilities of a higher priority) are insufficient to pay the full amount of such interest, payment of the shortfall attributable to such Class of Notes (Deferred Interest) will not then fall due but will instead be deferred until the first Interest Payment Date for such Notes thereafter on which sufficient funds are available (after allowing for the Issuer's liabilities of a higher priority time and subject to and in accordance with the relevant Issuer Priority of Payments) to fund the payment of such Deferred Interest to the extent of such available funds. Such Deferred Interest will accrue interest (Additional Interest) at the rate of interest applicable from time to time during the term of the Debentures, upon notice delivered to the Holders and the Trustee no later than the date the Company or any Holder or direct or indirect owner is required to give notice of the record date for the next scheduled distribution payable on the Convertible Preferred Securities, the Partnership Preferred Securities or the Debentures to the NYSE, or NASDAQ, or other applicable Class self-regulatory organization, or to the holders of Notes and payment of any Additional Interest will also be deferred until the first Interest Payment Date for such Notes thereafter Convertible Preferred Securities, the Partnership Preferred Securities or the Debentures, to defer the date on which funds are available (after allowing for the Issuer's liabilities of a higher priority subject to and in accordance with quarterly interest payment succeeding the relevant Issuer Priority of Payments) to the Issuer to pay such Additional Interest to the extent date of such available funds. Amounts of Deferred Interest notice would otherwise become due and Additional Interest payable; provided that (a) no deferred quarterly interest payment shall not remain unpaid for more than 20 consecutive quarters or be deferred beyond the Final Stated Maturity Date of the applicable Class Debentures, (b) no event of Notesdefault under the Indenture has occurred and is continuing and (c) so long as any deferred interest has not been paid, when such amounts will become due and payable. Payments of interest due on an Interest Payment Date in respect of the most senior Class of Notes then outstanding will Company shall not be deferredtake certain actions prohibited by the Indenture. In the event of any deferral, any interest payment shall be deemed not due or payable until the delivery date specified for payment in a deferred distribution notice given by the Company to the Trustee and to the Holder. Upon the deferral of a Note Acceleration Notice (as described any interest payment, interest on such deferred interest payment will be compounded and accrued on each Cash Interest Payment Date at the rate specified in Condition 9 (Events the title of Default)), this Debenture until the amount of such deferred interest (including compounded interest thereon) is paid in respect of such Notes that was due but not paid on such Interest Payment Date will itself bear interest at the applicable rate until both the unpaid interest and the interest on that interest are paid as provided in the Note Trust Deedfull.
Appears in 1 contract
Sources: First Supplemental Indenture (Citizens Utilities Capital L P)
Deferred Interest. To As provided in the extent that, subject to and in accordance with the Issuer Priority of PaymentsIndenture, the funds available to Company shall have the Issuer to pay interest on ----------------- right, at any Class of Notes (other than the most senior Class of Notes) on an Interest Payment Date (after discharging the Issuer's liabilities of a higher priority) are insufficient to pay the full amount of such interest, payment of the shortfall attributable to such Class of Notes (Deferred Interest) will not then fall due but will instead be deferred until the first Interest Payment Date for such Notes thereafter on which sufficient funds are available (after allowing for the Issuer's liabilities of a higher priority time and subject to and in accordance with the relevant Issuer Priority of Payments) to fund the payment of such Deferred Interest to the extent of such available funds. Such Deferred Interest will accrue interest (Additional Interest) at the rate of interest applicable from time to time during the term of the Debentures, upon notice delivered to the Holders and the Trustee no later than the date the Company or any Holder or direct or indirect owner is required to give notice of the record date for the next scheduled distribution payable on the Convertible Preferred Securities, the Partnership Preferred Securities or the Debentures to the NYSE, or NASDAQ, or other applicable Class self-regulatory organization, or to the holders of Notes and payment of any Additional Interest will also be deferred until the first Interest Payment Date for such Notes thereafter Convertible Preferred Securities, the Partnership Preferred Securities or the Debentures, to defer the date on which funds are available (after allowing for the Issuer's liabilities of a higher priority subject to and in accordance with quarterly interest payment succeeding the relevant Issuer Priority of Payments) to the Issuer to pay such Additional Interest to the extent date of such available funds. Amounts of Deferred Interest notice would otherwise become due and Additional Interest payable; provided that (a) no deferred quarterly interest payment shall not remain unpaid for more than 20 consecutive quarters or be deferred beyond the Final Stated Maturity Date of the applicable Class Debentures, (b) no event of Notesdefault under the Indenture has occurred and is continuing and (c) so long as any deferred interest has not been paid, when such amounts will become due and payable. Payments of interest due on an Interest Payment Date in respect of the most senior Class of Notes then outstanding will Company shall not be deferredtake certain actions prohibited by the Indenture. In the event of any deferral, any interest payment shall be deemed not due or payable until the delivery date specified for payment in a deferred distribution notice given by the Company to the Trustee and to the Holder. Upon the deferral of a Note Acceleration Notice (as described any interest payment, interest on such deferred interest payment will be compounded and accrued on each Cash Interest Payment Date at the rate specified in Condition 9 (Events the title of Default)), this Debenture until the amount of such deferred interest (including compounded interest thereon) is paid in full. Conversion of Debentures. At the option of the Holder, this Debenture may, ------------------------ at any time or from time to time on any Business Day to and including, but not after, the close of business on the day which is five Business Days prior to _______ 2035, be converted, in whole, or, if the Debenture is in a principal amount in excess of $50, in part in integral multiples of $50 principal amount, into fully paid and nonassessable shares of Common Stock Series A of the Company, at the Conversion Price in effect at the Date of Conversion. In case a Debenture or a portion thereof is called for redemption, such conversion right in respect of such Notes Debenture or the portion so called, shall expire at the close of business on the day which is five Business Days prior to the Redemption Date, unless the Company defaults in making the payment due upon redemption. If this Debenture is to be converted only in part, it shall be surrendered at any office or agency of the Company designated for that was due but not paid purpose pursuant to the Indenture, and the Company shall execute, and the Trustee shall authenticate and deliver to the Holder hereof without service charge, a new Debenture or Debentures, of any authorized denomination as requested by the Holder, in an aggregate principal amount equal to and in exchange for the unconverted portion of this Debenture so surrendered. In order to exercise the conversion privilege, the Holder shall surrender this Debenture to the Conversion Agent at the office or agency to be maintained by the Company pursuant to the Indenture for the conversion of Debentures with the Notice of Conversion set forth below in this Debenture duly completed and, if so required by the Company, accompanied by instruments of transfer, in form satisfactory to the Company and to the Trustee, duly executed by the Holder or his duly authorized attorney in writing. As promptly as practicable after the surrender of this Debenture with the notice duly completed as aforesaid, the Company shall then issue and deliver at such office or agency to the Holder, or on his written order, a certificate or certificates for the number of the shares of Common Stock Series A then issuable in accordance with the provisions of the Indenture and cash in respect of any fraction of a share of Common Stock Series A otherwise issuable upon such conversion. Any such conversion shall be deemed to have been effected at the time and on the date as specified in the Indenture. The Holder of this Debenture at the close of business on any Regular Record Date for the payment of interest will be entitled to receive the interest payable hereon on the corresponding Cash Interest Payment Date will itself bear notwithstanding the conversion of such Debenture following such Regular Record Date. Subject to provisions of Sections 5.5 and 5.6 of the First Supplemental Indenture, no payment or adjustment shall be made upon conversion on account of any interest at accrued or deferred or otherwise unpaid on the applicable rate until both principal or any portion thereof of this Debenture so converted or for any dividends or distributions on any shares of Common Stock Series A. Holders of Common Stock Series A issuable upon conversion prior to or on a record date for any dividend or distribution on such shares shall be entitled to receive the unpaid interest and same dividend or distribution as other holders of record of Common Stock Series A. The initial Conversion Price of the interest on that interest are paid Debentures shall be $________per share of Common Stock Series A, which Conversion Price is subject to adjustment as provided in the Note Trust DeedIndenture. Optional Redemption. At any time on or after __________, 199_, the Company, ------------------- at its option, will have the right to redeem the Debentures, in whole or in part, at 100% of the principal amount being redeemed (together with any accrued or deferred but unpaid interest on the portion being so redeemed) (the "Redemption Price") upon notice and in the manner provided in the Indenture.
Appears in 1 contract
Sources: First Supplemental Indenture (Citizens Utilities Capital L P)
Deferred Interest. To For any period during which Bank Bonds are outstanding and as to each Interest Period, in the extent thatevent that the amount of interest which would be payable on the Bank Bonds (calculated at the Bank Rate for such Interest Period, subject to and or in accordance with the Issuer Priority case of Paymentsthe payment of the Differential Interest Amount, if any, on a Bank Bond, for the funds available to period from the Issuer to pay interest on any Class date of Notes (other than the most senior Class of Notes) on an recent Interest Payment Date (after discharging through but not including the Issuer's liabilities of a higher prioritydate on which such Bank Bond is remarketed) are insufficient to pay exceeds the full Maximum Interest Rate, the amount of such interest, payment of excess shall not be payable on the shortfall attributable to such Class of Notes (Deferred Interest) will not then fall due but will instead be deferred until the first Interest Payment Date for such Notes thereafter Interest Period as interest on which sufficient funds are available such Bank Bonds but shall be deferred (after allowing for the Issuer's liabilities of a higher priority and subject to and in accordance with the relevant Issuer Priority of Payments) to fund the payment of such "Deferred Interest"). Deferred Interest to shall be allocated among the extent of such available funds. Such Deferred Interest will accrue interest (Additional Interest) at the rate of interest applicable from time to time to the applicable Class of Notes and payment of any Additional Interest will also be deferred until the first Interest Payment Date for such Notes thereafter on which funds are available (after allowing for the Issuer's liabilities of a higher priority subject to and in accordance with the relevant Issuer Priority of Payments) to the Issuer to pay such Additional Interest to the extent of such available funds. Amounts of Deferred Interest and Additional Interest shall not be deferred beyond the Final Maturity Date of the applicable Class of Notes, when such amounts will become due and payable. Payments of interest due on an Interest Payment Date in respect of the most senior Class of Notes then Bank Bonds outstanding will not be deferred. In the event of the delivery of a Note Acceleration Notice (as described in Condition 9 (Events of Default)), the amount of interest in respect of such Notes that was due but not paid on such Interest Payment Date will itself based upon the principal amount thereof and the length of time such Bank Bonds were outstanding during the Interest Period related to such Interest Payment Date. Deferred Interest arising on any Interest Payment Date (i) shall, to the extent permitted by law, bear interest (compounded quarterly on the last day of each succeeding March, June, September and December) at a rate per annum equal to the Base Rate plus 2% (computed on the basis of a year of 360 days and actual days elapsed) until paid in full and (ii) shall become payable, together with interest thereon, to the extent permitted by law, on the next succeeding Interest Payment Date or Dates to the extent the interest (including Deferred Interest and, to the extent permitted by law, interest on Deferred Interest) payable on the Bank Bonds (if any) for the Interest Period ending on such Interest Payment Date does not exceed the Maximum Interest Rate. All amounts of interest payable on a Bond which is a Bank Bond, including without limitation, Deferred Interest (and interest thereon, to the extent permitted by law), for so long as such Bond shall remain a Bank Bond, shall constitute interest on such Bond and shall be insured by the Insurance Policy. To the extent Deferred Interest (or, to the extent permitted by law, any interest thereon) shall be unpaid with respect to Bank Bonds, and such Bonds shall be redeemed or remarketed or purchased by the Company or shall otherwise cease to be Bank Bonds, such unpaid Deferred Interest (including, to the extent permitted by law, any unpaid interest thereon) shall be converted into a fee payable to the Bank (herein, the "Deferred Interest Fee Amount") and shall bear interest at a rate per annum equal to the applicable rate until both Base Rate plus 2% (computed as aforesaid), compounded quarterly on the unpaid last day of each succeeding March, June, September and December; provided, however, that on the last Interest Payment Date or, if earlier, the date of the occurrence of an Event of Termination, a fee equal to the entire remaining Deferred Interest Fee Amount (the "Final Deferred Interest Fee Amount") shall be paid by the Company to the Bank and any Bank Bondholders. The Bank and any Bank Bondholder, by acceptance of the Bank Bonds, acknowledge that payment of any Deferred Interest Fee Amount and any interest thereon (including the Final Deferred Interest Fee Amount and any interest thereon) are not insured under the interest on that interest are paid as provided in terms of the Note Trust DeedInsurance Policy.
Appears in 1 contract
Sources: Standby Bond Purchase Agreement (North Atlantic Energy Corp /Nh)
Deferred Interest. To the extent that, subject to and in accordance with the Issuer Priority of Payments, the funds available to the Issuer to pay interest on any Class of Series 2011-2 Notes (other than the most senior Class of Series 2011-2 Notes) on an Interest Payment Date (after discharging the Issuer's liabilities of a higher priority) are insufficient to pay the full amount of such interest, payment of the shortfall attributable to such Class of Series 2011-2 Notes (Deferred Interest) will not then fall due but will instead be deferred until the first Interest Payment Date for such Series 2011-2 Notes thereafter on which sufficient funds are available (after allowing for the Issuer's liabilities of a higher priority and subject to and in accordance with the relevant Issuer Priority of Payments) to fund the payment of such Deferred Interest to the extent of such available funds. Such Deferred Interest will accrue interest (Additional Interest) at the rate of interest applicable from time to time to the applicable Class of Series 2011-2 Notes and payment of any Additional Interest will also be deferred until the first Interest Payment Date for such Series 2011-2 Notes thereafter on which funds are available (after allowing for the Issuer's liabilities of a higher priority subject to and in accordance with the relevant Issuer Priority of Payments) to the Issuer to pay such Additional Interest to the extent of such available funds. Amounts of Deferred Interest and Additional Interest shall not be deferred beyond the Final Maturity Date of the applicable Class of Series 2011-2 Notes, when such amounts will become due and payable. Payments of interest due on an Interest Payment Date in respect of the most senior Class of Series 2011-2 Notes then outstanding will not be deferred. In the event of the delivery of a Note Acceleration Notice (as described in Condition 9 (Events of Of Default)), the amount of interest in respect of such Series 2011-2 Notes that was due but not paid on such Interest Payment Date will itself bear interest at the applicable rate until both the unpaid interest and the interest on that interest are paid as provided in the Note Trust Deed.
Appears in 1 contract
Sources: Fourth Supplemental Note Trust Deed
Deferred Interest. To the extent that, subject to and in accordance with the relevant Issuer Priority of Payments, the funds available to the Issuer Issuing Entity to pay interest on any Series and Class of Notes (other than the most senior Class class of NotesNotes of any Series then outstanding) on an Interest a Note Payment Date (after discharging the IssuerIssuing Entity's liabilities of a higher priority) are insufficient to pay the full amount of such interest, payment of the shortfall attributable to such Series and Class of Notes ("Deferred Interest") will not then fall due but will instead be deferred until the first Interest Note Payment Date for such Notes thereafter on which sufficient funds are available (after allowing for the IssuerIssuing Entity's liabilities of a higher priority and subject to and in accordance with the relevant Issuer Priority of Payments) to fund the payment of such Deferred Interest to the extent of such available funds. Such Deferred Interest will accrue interest ("Additional Interest") at the rate of interest applicable from time to time to the applicable Series and Class of Notes and payment of any Additional Interest will also be deferred until the first Interest Note Payment Date for such Notes thereafter on which funds are available (after allowing for the IssuerIssuing Entity's liabilities of a higher priority subject to and in accordance with the relevant Issuer Priority of Payments) to the Issuer Issuing Entity to pay such Additional Interest to the extent of such available funds. Amounts of Deferred Interest and Additional Interest shall not be deferred beyond the Final Maturity Date of the applicable Series and Class of Notes, when such amounts will become due and payable. Payments of interest due on an Interest a Note Payment Date in respect of the most senior Class class of Notes of any Series then outstanding will not be deferred. In the event of the delivery of a Note Acceleration an Issuer Enforcement Notice (as described in Condition 9 (Events of Default)9), the amount of interest in respect of such Notes that was due but not paid on such Interest Note Payment Date will itself bear interest at the applicable rate until both the unpaid interest and the interest on that interest are paid as provided in the Note Issuer Trust Deed.
Appears in 1 contract
Sources: Seventh Supplemental Issuer Trust Deed (Granite Finance Trustees LTD)
Deferred Interest. To As provided in the extent that, subject to and in accordance with the Issuer Priority of PaymentsIndenture, the funds available to Company shall have the Issuer to pay interest on ----------------- right, at any Class of Notes (other than the most senior Class of Notes) on an Interest Payment Date (after discharging the Issuer's liabilities of a higher priority) are insufficient to pay the full amount of such interest, payment of the shortfall attributable to such Class of Notes (Deferred Interest) will not then fall due but will instead be deferred until the first Interest Payment Date for such Notes thereafter on which sufficient funds are available (after allowing for the Issuer's liabilities of a higher priority time and subject to and in accordance with the relevant Issuer Priority of Payments) to fund the payment of such Deferred Interest to the extent of such available funds. Such Deferred Interest will accrue interest (Additional Interest) at the rate of interest applicable from time to time during the term of the Debentures, upon notice delivered to the applicable Class of Notes Holders and payment of any Additional Interest will also be deferred until the first Interest Payment Trustee no later than the Distribution Declaration Date for such Notes thereafter (as defined in the Indenture), to defer the date on which funds are available one or more of the quarterly interest payments would otherwise become due and payable; provided that (after allowing a) no deferred quarterly interest payment, including any extension of deferral, shall remain unpaid for the Issuer's liabilities of a higher priority subject to and in accordance with the relevant Issuer Priority of Payments) to the Issuer to pay such Additional Interest to the extent of such available funds. Amounts of Deferred Interest and Additional Interest shall not more than 20 consecutive quarters or be deferred beyond the Final Stated Maturity Date of the applicable Class Debentures, (b) no Event of NotesDefault under the Indenture has occurred and is continuing and (c), when such amounts will become due and payable. Payments of so long as any deferred interest due on an Interest Payment Date in respect of has not been paid, the most senior Class of Notes then outstanding will Company shall not be deferredtake certain actions prohibited by the Indenture. In the event of any deferral, any interest payment shall be deemed not due or payable until the delivery date specified for payment in a deferred distribution notice given by the Company to the Trustee and to the Holder. Upon the deferral of a Note Acceleration Notice (as described any interest payment, interest on such deferred interest payment will be compounded and accrued on each Cash Interest Payment Date at the rate specified in Condition 9 (Events the title of Default)), this Debenture until the amount of such deferred interest (including compounded interest thereon) is paid in full. Conversion of Debentures. At the option of the Holder, this Debenture may, ------------------------ at any time or from time to time on any Business Day to and including, but not after, the close of business on the day which is five Business Days prior to _______, 2036, be converted, in whole, or, if the Debenture is in a principal amount in excess of $50, in part in integral multiples of $50 principal amount, into fully paid and nonassessable shares of Common Stock Series A of the Company, at the Conversion Price in effect at the Date of Conversion. In case a Debenture or a portion thereof is called for redemption, such conversion right in respect of such Notes Debenture or the portion so called, shall expire at the close of business on the day which is five Business Days prior to the Redemption Date, unless the Company defaults in making the payment due upon redemption. If this Debenture is to be converted only in part, it shall be surrendered at any office or agency of the Company designated for that was due but not paid purpose pursuant to the Indenture, and the Company shall execute, and the Trustee shall authenticate and deliver to the Holder hereof without service charge, a new Debenture or Debentures, of any authorized denomination as requested by the Holder, in an aggregate principal amount equal to and in exchange for the unconverted portion of this Debenture so surrendered. In order to exercise the conversion privilege, the Holder shall surrender this Debenture to the Conversion Agent at the office or agency to be maintained by the Company pursuant to the Indenture for the conversion of Debentures with the Notice of Conversion set forth below in this Debenture duly completed and, if so required by the Company, accompanied by instruments of transfer, in form satisfactory to the Company and to the Trustee, duly executed by the Holder or his duly authorized attorney in writing. As promptly as practicable after the surrender of this Debenture with the notice duly completed as aforesaid, the Company shall then issue and deliver at such office or agency to the Holder, or on his written order, a certificate or certificates for the number of the shares of Common Stock Series A then issuable in accordance with the provisions of the Indenture and cash in respect of any fraction of a share of Common Stock Series A otherwise issuable upon such conversion. Any such conversion shall be deemed to have been effected at the time and on the date as specified in the Indenture. The Holder of this Debenture at the close of business on any Regular Record Date for the payment of interest will be entitled to receive the interest payable hereon on the corresponding Cash Interest Payment Date will itself bear notwithstanding the conversion of such Debenture following such Regular Record Date. Subject to provisions of Sections 5.5 and 5.6 of the First Supplemental Indenture, no payment or adjustment shall be made upon conversion on account of any interest at accrued or deferred or otherwise unpaid on the applicable rate until both principal or any portion thereof of this Debenture so converted or for any dividends or distributions on any shares of Common Stock Series A. The initial Conversion Price of the unpaid interest and Debentures, as of the interest on that interest are paid date of issuance, is $________per share of Common Stock Series A, which Conversion Price is subject to adjustment as provided in the Note Trust DeedIndenture.
Appears in 1 contract
Sources: First Supplemental Indenture (Citizens Utilities Capital L P)
Deferred Interest. To the extent that, subject to and in accordance with the relevant Issuer Priority of Payments, the funds available to the Issuer Issuing Entity to pay interest on any Series and Class of Notes (other than the most senior Class class of NotesNotes of any Series then outstanding) on an Interest a Note Payment Date for such Notes (after discharging payment of or provision for the IssuerIssuing Entity's liabilities of a higher priority) are insufficient to pay the full amount of such interest, payment of the shortfall attributable to such Series and Class of Notes ("Deferred Interest") will not then fall due but will instead be deferred until the first Interest Note Payment Date for such Notes thereafter on which sufficient funds are available (after allowing payment of or provision for the IssuerIssuing Entity's liabilities of a higher priority and subject to and in accordance with the relevant Issuer Priority of Payments) to fund the payment of such Deferred Interest to the extent of such available funds. Such Deferred Interest will accrue interest ("Additional Interest") at the rate of interest applicable from time to time to the applicable Series and Class of Notes and payment of any Additional Interest will also be deferred until the first Interest Note Payment Date for such Notes thereafter on which funds are available (after allowing payment of or provision for the IssuerIssuing Entity's liabilities of a higher W-58 priority subject to and in accordance with the relevant Issuer Priority of Payments) to the Issuer Issuing Entity to pay such Additional Interest to the extent of such available funds. Amounts of Deferred Interest and Additional Interest shall not be deferred beyond the Final Maturity Date of the applicable Series and Class of Notes, when such amounts will become due and payable. Payments of interest due on an Interest a Note Payment Date in respect of the most senior Class class of Notes of any Series then outstanding will not be deferred. In the event of the delivery of a Note Acceleration an Issuer Enforcement Notice (as described in Condition 9 (Events of Default)9), the amount of interest in respect of such Notes that was due but not paid on such Interest Note Payment Date will itself bear interest at the applicable rate until both the unpaid interest and the interest on that interest are paid as provided in the Note Issuer Trust Deed.
Appears in 1 contract
Sources: Second Amended Issuer Trust Deed (Granite Finance Trustees LTD)