Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 or September 10 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 5 contracts
Sources: Second Supplemental Indenture (Bungeltd), Second Supplemental Indenture (Bunge Global SA), Supplemental Indenture (Bungeltd)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 October 30 or September 10 April 29 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 4 contracts
Sources: Second Supplemental Indenture (Bungeltd), Second Supplemental Indenture (Bunge Global SA), Supplemental Indenture (Bungeltd)
Method of Payment. By at least 10:00 a.m. (a.m., New York City time) , on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, principal and/or interest. The Company will pay interest (except Defaulted Interest) on the applicable Interest Payment Date to the Persons who are registered Holders of Notes at the close of business on the March 10 or September 10 next Record Date preceding the interest payment date Interest Payment Date even if Notes are cancelledcanceled, repurchased or redeemed after the record date Record Date and on or before the interest payment daterelevant Interest Payment Date, except as provided in Section 2.13 of the Base Indenture (as defined below) with respect to Defaulted Interest. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, principal and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterU.S. Legal Tender. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, principal and interest) will be made by wire the transfer of immediately available funds to the account accounts specified by DTC. The Depository Trust Company. Payments Company will make all payments in respect of Notes represented by Definitive Notes a Certificated Note (including principal, premium, if any, principal and interest) held by mailing a check to the registered address of each registered Holder thereof as set forth in the Note Register; provided, however, that payments on the Notes may also be made, in the case of a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes will be made Notes, by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 4 contracts
Sources: Fifth Supplemental Indenture (MDC Partners Inc), Credit Agreement (MDC Partners Inc), Third Supplemental Indenture (MDC Partners Inc)
Method of Payment. By at least no later than 10:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyand interest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding April 15 and October 15 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuer maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 4 contracts
Sources: Indenture (Epicor International Holdings, Inc.), Indenture (Kinetic Concepts Inc), Indenture (Kinetic Concepts Inc)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company Issuer will pay interest (and Additional Interest, if any) on the Notes (except Defaulted Interestdefaulted interest) to the Persons who are person in whose name this Note is registered Holders of Notes at the close of business on the March 10 April 1 or September 10 next October 1 immediately preceding the relevant Interest Payment Date (each a “Regular Record Date”) (other than with respect to a Note or portion thereof called for redemption on a Redemption Date, or repurchased in connection with a Change of Control on a repurchase date during the period from the close of business on a Regular Record Date to (but excluding) the next succeeding Interest Payment Date, in which case accrued interest payment date even (and Additional Interest, if Notes are cancelled, any) shall be payable (unless such Note or portion thereof is converted) to the holder of this Note or portion thereof redeemed or repurchased in accordance with the applicable redemption or redeemed after repurchase provisions of the record date and on or before the interest payment dateIndenture). Holders must surrender Notes to a Paying Agent to collect principal payments. The Company Issuer will pay principalthe principal of, premium, if any, and interest (including Additional Interest, if any) on the Notes at the office or agency of the Issuer maintained for such purpose, in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in Until otherwise designated by the succeeding two sentencesIssuer, the principal of and premium, if any, and interest on the Notes shall be payable at the Issuer’s office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency will be the principal Corporate Trust Office of the Company Trustee (as defined below). However, the Issuer may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including pay principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes interest (including principal, premiumAdditional Interest, if any) by check payable in such money, and interest) held by a Holder may mail such check to the holders of the Notes at least U.S.$1,000,000 aggregate principal amount their respective addresses as set forth in the Register of holders of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)Registrar.
Appears in 4 contracts
Sources: Indenture (Nortel Networks Corp), Indenture (Nortel Networks LTD), Indenture (Nortel Networks LTD)
Method of Payment. By at least 10:00 a.m. (New York City time) The Issuer shall pay interest on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest Notes (except Defaulted Interestdefaulted interest) to the Persons who are registered Holders of Notes holders at the close of business on the [March 10 or 15], [June 15], [September 10 next 15] and [December 15] (each a “Record Date”) immediately preceding the interest payment date Interest Payment Date even if Notes are cancelled, repurchased or redeemed canceled after the record date Record Date and on or before the interest payment dateInterest Payment Date (whether or not a Business Day). Holders must surrender Notes to a the Paying Agent to collect principal payments. The Company will Issuer shall pay principal, premium, if any, and interest in money of the United States of America that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of the Notes represented by a Global Note (including principal, premium, if any, and interest) will shall be made by wire transfer of immediately available funds to the account accounts specified by DTC or any successor depository. The Depository Trust Company. Payments Issuer shall make all payments in respect of Notes represented by a Definitive Notes Note (including principal, premium, if any, and interest) held at the office of the Paying Agent, except that, at the option of the Issuer, payment of interest may be made by mailing a Holder check to the registered address of at least U.S.$1,000,000 aggregate principal amount of each holder thereof; provided, however, that payments on the Notes will may also be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). At all times, PIK Interest on the Notes will be payable: (i) with respect to Notes represented by one or more Global Notes registered in the name of, or held by, DTC (or any successor depositary) or its nominee on the relevant record date, by increasing the principal amount of the outstanding Global Notes, effective as of the applicable interest payment date, by an amount equal to the amount of PIK Interest for the applicable interest period (rounded up to the nearest whole dollar) (“PIK Payment”) at the request of the Issuers to authenticate or increase the Global Note and (ii) with respect to Definitive Notes, if any, by issuing PIK Notes in certificated form, dated as of the applicable interest payment date, in an aggregate principal amount equal to the amount of PIK Interest for the applicable interest period (rounded up to the nearest whole dollar), and the Trustee will, at the request of the Issuers, authenticate and deliver such PIK Notes in certificated form for original issuance to the holders on the relevant Record Date, as shown by the records of the register of holders.
Appears in 4 contracts
Sources: Third Supplemental Indenture (Sunnova Energy International Inc.), Second Supplemental Indenture (Sunnova Energy International Inc.), Third Supplemental Indenture (Sunnova Energy International Inc.)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest on this Security (except Defaulted Interestdefaulted interest) to the Persons who are registered Holders of Notes this Security at the close of business on the March 10 or September 10 record date next preceding the interest payment date Interest Payment Date, even if Notes are cancelled, repurchased or redeemed this Security is canceled after the such record date and on or before the interest payment datesuch Interest Payment Date. Holders The Holder must surrender Notes this Security to a Paying Agent to collect payments of principal paymentsand premium, if any. The Company will pay principal, the principal of and premium, if any, and Additional Amounts, if any, and interest on this Security in money of the [United States of America] that at the time of payment is legal tender for payment of public and private debts. Except as described Payments in respect of the succeeding two sentencesSecurities represented by a Global Security (including principal, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premiumAdditional Amounts, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust Company. Payments The Company will make all payments in respect of Notes represented by Definitive Notes a certificated Security (including principal, premium, if any, Additional Amounts, if any, and interest) held at the Corporate Trust Office of the Trustee or at the office or agency of the Paying Agent maintained for such purpose in The City of New York or, at its option, by mailing a check to the registered address of each Holder of at least U.S.$1,000,000 aggregate principal amount of Notes thereof; provided, however, that payments on a certificated Security will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the [United States States] if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).] [If the Security is not to bear interest prior to Maturity, insert — The principal of this Security shall not bear interest except in the case of a default in payment of principal upon acceleration, upon redemption or at Maturity and in such case the overdue principal of this Security shall bear interest at the rate of % per annum (to the extent that the payment of such interest shall be legally enforceable), which shall accrue from the date of such default in payment to the date payment of such principal has been made or duly provided for. Interest on any overdue principal shall be payable on demand. Any such interest on any overdue principal that is not so paid on demand shall bear interest at the rate of % per annum (to the extent that the payment of such interest shall be legally enforceable), which shall accrue from the date of such demand for payment to the date payment of such interest has been made or duly provided for, and such interest shall also be payable on demand.]
Appears in 4 contracts
Sources: Indenture (Nabors Industries Inc), Indenture (Nabors Industries Inc), Indenture (Nabors Industries Inc)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 February 2 or September 10 August 2 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 4 contracts
Sources: Supplemental Indenture (Bungeltd), Second Supplemental Indenture (Bunge Global SA), First Supplemental Indenture (Bungeltd)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note Security is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company Issuer will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes Securities at the close of business on the March 10 February 15 or September 10 August 15 next preceding the interest payment date even if Notes Securities are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes Securities to a Paying Agent to collect principal payments. The Company Issuer will pay principal, premium, if any, principal and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes Securities represented by a Global Note Security (including principal, premium, if any, and interest) will be made by wire the transfer of immediately available funds to the account accounts specified by The Depository Trust Company. Payments The Issuer will make all payments in respect of Notes represented by a Definitive Notes Security (including principal, premium, if any, and interest) held by mailing a check to the registered address of each Holder thereof; provided, however, that payments on the Securities may also be made, in the case of a Holder of at a least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes will be made Securities, by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 4 contracts
Sources: Indenture (Hanover Compressor Co /), Indenture (Hanover Compressor Co /), Security Agreement (Hanover Compressor Co /)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 February 1 or September 10 August 1 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 4 contracts
Sources: Second Supplemental Indenture (Bungeltd), Second Supplemental Indenture (Bunge Global SA), Supplemental Indenture (Bungeltd)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 June 1 or September 10 December 1 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 3 contracts
Sources: Indenture (Bunge LTD), Indenture (Bunge LTD), Indenture (Bunge LTD)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest interest, on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the preceding March 10 15 and September 15 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuer maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the third to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar Dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 3 contracts
Sources: Indenture (Carvana Co.), Indenture (Carvana Co.), Indenture (Carvana Co.)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest interest, on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding February 1 and August 1 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuer maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the third to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar Dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date or a Redemption Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 3 contracts
Sources: Indenture (Reynolds Group Holdings LTD), Indenture (Dun & Bradstreet Holdings, Inc.), Indenture (Dun & Bradstreet Holdings, Inc.)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest interest, on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding February 1 and August 1 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuer maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the third to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar Dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 3 contracts
Sources: Indenture (Carvana Co.), Indenture (Carvana Co.), Indenture (Carvana Co.)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 [ ] or September 10 [ ] next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 3 contracts
Sources: Indenture (Bunge Limited Finance Corp), Indenture (Bunge LTD), Indenture (Bunge Limited Finance Corp)
Method of Payment. By at least 10:00 a.m. no later than noon (New York City time) on the date on which any principal of and of, premium, if any, or interest on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premiumpremium and interest when due. Interest on any Note which is payable, if anyand is timely paid or duly provided for, and/or interest. The Company will pay interest (except Defaulted Interest) on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the preceding March 10 15 or September 10 next preceding 15, as applicable, at the interest payment date even if Notes are cancelled, repurchased office or redeemed after agency of the record date and on or before Issuer maintained for such purpose pursuant to Section 2.3 of the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 fifteen (15) days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 3 contracts
Sources: Indenture (OLIN Corp), Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company Issuers will pay interest (except Defaulted Interestdefaulted interest) on the principal amount of the Notes on each May 1 and November 1 to the Persons who are registered Holders of Notes (as reflected in the Register at the close of business on the March 10 or September 10 next April 15 and October 15 immediately preceding the interest payment date Interest Payment Date), in each case, even if Notes are cancelledthe Note is canceled on registration of transfer or registration of exchange after such Regular Record Date; provided that, repurchased or redeemed after with respect to the record date and payment of principal, the Issuers will make payment to the Holder that surrenders this Note to any Paying Agent on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsafter May, 2011. The Company Issuers will pay principal, premium, if any, and interest and Liquidated Damages, if any, in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described debts (other than interest payable in the succeeding two sentences, the principal form of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterAdditional Dividend Notes). Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interestinterest and Liquidated Damages, if any) will in respect of the Notes represented by the Global Notes, the Holders of which have given wire transfer instructions on or prior to the relevant record date, shall be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust Companythe Global Note Holder. Payments in With respect to Physical Notes, the Issuers will make all payments of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of interest and Liquidated Damages, if any, at least U.S.$1,000,000 aggregate principal amount of ---------- /2/ Include only for Initial Note(and Additional Dividend Notes will be made by wire transfer to a U.S. dollar account issued in respect thereof). the office or agency maintained by the payee with Issuers for such purposes in The City of New York or, at the Issuers's option, by mailing a bank in check to each such Holder's registered address. If a payment date is a date other than a Business Day, payment may be made at that place on the United States if next succeeding day that is a Business Day and no interest shall accrue on such Holder elects payment by wire transfer by giving written notice to accrued interest for the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)intervening period.
Appears in 3 contracts
Sources: Indenture (Equistar Funding Corp), Indenture (Equistar Chemicals Lp), Indenture (Lyondell Chemical Co)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest interest, on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding April 15 and October 15 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuer maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of the Company Paying Agent or Registrar designated by the Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the third to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar Dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date or a Redemption Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 3 contracts
Sources: Indenture (Frontier Communications Corp), Indenture (Frontier Communications Corp), Indenture (Frontier Communications Corp)
Method of Payment. By at least 10:00 a.m. (New York City timea) on On each Payment Date, the date on which Trustee shall, or shall instruct a Paying Agent to, pay, subject to Section 3.6, to the extent of the Available Collections Amount for such Payment Date and any funds withdrawn from the Interest Reserve Account or the Capital Account by the Trustee pursuant to Section 3.7, to the Noteholders all interest, principal of and premiumPremium, if any, or interest on each class of Notes in the amounts determined by the Calculation Agent pursuant to Section 3.4; provided, that payment on a Temporary Regulation S Global Note shall be made to the Noteholder thereof only in conformity with Section 2.5(c). Each payment on any Payment Date other than the final payment with respect to any class of Notes shall be made by the Trustee or Paying Agent to the Noteholders as of the Record Date for such Payment Date. The final payment with respect to any class of Notes, however, shall be made only upon presentation and surrender of such Note is due and payableby the Noteholder or its agent at an office or agency of the Trustee or Paying Agent in New York City.
(b) At such time, if any, as the Company Notes of any class are issued in the form of Definitive Notes, payments on a Payment Date shall irrevocably deposit with be made by the Trustee or the Paying Agent money sufficient by check mailed to pay each Noteholder of a Definitive Note on the applicable Record Date at its address appearing on the Register maintained with respect to such principalclass of Notes. Alternatively, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) upon application in writing to the Persons who are registered Holders of Notes Trustee, not later than the applicable Record Date, by a Noteholder holding Definitive Notes, any such payments shall be made by wire transfer to an account designated by such Noteholder at the close of business on the March 10 or September 10 next preceding the interest payment date even if Notes are cancelleda financial institution in New York City; provided, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principalthat, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentenceseach case, the principal final payment for any class of and premium, if any, and interest on the Notes shall be payable made only upon presentation and surrender of the Definitive Notes of such class by the Noteholder or its agent at the an office or agency of the Company maintained for such purpose Trustee or Paying Agent in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterYork City. Payments in respect of the Notes represented by a Global Note (including principal, premiumPremium, if any, and interest) will shall be made by wire transfer of immediately available funds to the account specified by DTC.
(c) The Depository Trust Company. Payments beneficial owner of a Temporary Regulation S Global Note may arrange to receive payments through Euroclear or Clearstream on such Temporary Regulation S Global Note only after delivery by such beneficial owner to Euroclear or Clearstream, as the case may be, of a written certification substantially in the form of Exhibit G and upon delivery by Euroclear or Clearstream, as the case may be, to the Paying Agent of a certification or certifications substantially in the form of Exhibit H. No interest shall be paid to any beneficial owner and no interest shall be paid to Euroclear or Clearstream on such beneficial owner’s interest in a Temporary Regulation S Global Note unless Euroclear or Clearstream, as the case may be, has provided such a certification to the Paying Agent with respect to such interest.
(d) To the extent that the full Interest Amount due on the Notes is not paid in full on any Payment Date and funds are deposited into the Collection Account or the Capital Account following such Payment Date but prior to the third Business Day prior to the succeeding Calculation Date, at the written direction of the Issuer (and, in the case of the Capital Account, the Equityholder), only to the extent of Dollars on deposit in the Collection Account and, if directed by the Issuer and the Equityholder, the Capital Account, notwithstanding anything to the contrary in this Indenture, the Trustee shall use such funds (subject to the requirement in Section 3.7 that such a withdrawal shall be made from the Capital Account in respect of Notes represented not more than six Payment Dates in total and not more than three consecutive Payment Dates) to pay to the Noteholders of record the overdue Interest Amount; provided, that all Expenses with respect to such preceding Payment Date contemplated by Definitive Notes Section 3.6(a)(ii) and all Expenses for which the Issuer has previously submitted supporting documentation pursuant to and as contemplated by Section 3.6(c), in each case, shall have been paid. With each such payment, the Trustee shall make available a brief statement to Noteholders eligible to access Distribution Reports indicating the aggregate amount of funds received and the balance of overdue interest (including principalan interest thereon) to which any such payment is being applied. Any such payment of overdue Interest Amount shall be made to the Noteholders of record as of the third Business Day preceding the date of each such payment. Any funds that are deposited on or after the third Business Day prior to the succeeding Calculation Date shall be held in the Collection Account or the Capital Account, premium, if anyas applicable, and interestapplied in accordance with this Indenture on the succeeding Payment Date.
(e) held by The payment of any Interest Amount in respect of a Holder of at least U.S.$1,000,000 aggregate principal amount class of Notes will on a particular Payment Date shall be deemed allocated first to any unpaid Interest Amount due prior to such Payment Date (together with Additional Interest thereon) and second to any Interest Amount due on such Payment Date.
(f) If the Final Legal Maturity Date with respect to the Original Class A Notes and any Additional Class A Notes is not a Business Day, the payment scheduled to be made by wire transfer to a U.S. dollar account maintained by on such Final Legal Maturity Date shall be made on the payee with a bank in succeeding Business Day without the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)of Additional Interest.
Appears in 3 contracts
Sources: Indenture (Alexza Pharmaceuticals Inc.), Indenture (Alexza Pharmaceuticals Inc.), Indenture (Alexza Pharmaceuticals Inc.)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 November 1 or September 10 May 1 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, principal and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, premium and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 2 contracts
Sources: Indenture (Bunge LTD), Indenture (Bunge LTD)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 1 or September 10 1 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 2 contracts
Sources: Indenture (Bunge LTD), Indenture (Bunge LTD)
Method of Payment. By at least no later than 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 April 15 or September 10 October 15 next preceding the interest payment date Interest Payment Date even if Notes are cancelled, repurchased or redeemed after the record date Regular Record Date and on or before the interest payment dateInterest Payment Date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, principal and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described Payments in the succeeding two sentencesrespect of Notes represented by a Global Security (including principal, the principal of and premium, if any, and interest on interest) will be made by the Notes transfer of immediately available funds to the accounts specified by The Depository Trust Company. The Company shall be payable make all payments in respect of a Definitive Security (including principal, premium, if any, and interest) at the office or agency of the Company maintained for such purpose in The City of New York, if any, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note Register or (including principal, premium, if any, and interestii) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar an account maintained by the payee with a bank located in the United States if such Holder elects payment maintained by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)payee.
Appears in 2 contracts
Sources: Second Supplemental Indenture (Berry Petroleum Co), First Supplemental Indenture (Berry Petroleum Co)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest interest, on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding February 15 and August 15 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Company maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 2 contracts
Sources: Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note Security is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes Securities at the close of business on the March 10 February 15 or September 10 August 15 next preceding the interest payment date even if Notes Securities are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes Securities to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, principal and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes Securities shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes Securities represented by a Global Note Security (including principal, premium, if any, premium and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust Company. Payments in respect of Notes Securities represented by Definitive Notes Securities (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes Securities represented by Definitive Securities will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 2 contracts
Method of Payment. By at least 10:00 a.m. no later than noon (New York City time) on the date on which any principal of and of, premium, if any, or interest on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premiumpremium and interest when due. Interest on any Note which is payable, if anyand is timely paid or duly provided for, and/or interest. The Company will pay interest (except Defaulted Interest) on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding February 1 or September 10 next preceding August 1, as applicable, at the interest payment date even if Notes are cancelled, repurchased office or redeemed after agency of the record date and on or before Issuer maintained for such purpose pursuant to Section 2.3 of the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 fifteen (15) days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 2 contracts
Sources: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)
Method of Payment. By at least no later than 10:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, interest or interest Additional Interest, if any, on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest and Additional Interest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding April 15 and October 15 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuer maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest (and Additional Interest, if any) on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, interest and interestAdditional Interest, if any) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, interest and interestAdditional Interest, if any) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 2 contracts
Sources: Indenture (Epicor International Holdings, Inc.), Indenture (Epicor Software Corp)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest on any Note is due and payable, the Company Issuers shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will Issuers shall pay interest (except Defaulted Interestdefaulted interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 February 1 or September 10 next August 1 (whether or not a Business Day) immediately preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment dateInterest Payment Date. Holders must surrender Notes to a Paying Agent to collect principal and premium payments. The Company will Issuers shall pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note held by the Depository (including principal, premium, if any, and interest) shall be made by the transfer of immediately available funds to the accounts specified by the Depository. The Issuers may make all payments in respect of a Definitive Note (including principal, premium, if any, and interest) will be made by mailing a check to the registered address of each Holder thereof or by wire transfer of immediately available funds to an account located in the United States maintained by the payee; provided, that such Holder shall have furnished the Paying Agent with wire transfer instructions satisfactory to the account specified by The Depository Trust CompanyPaying Agent at least 15 calendar days prior to the payment date. Payments in respect If any interest payment date or other payment date of Notes represented by Definitive Notes (including a Note falls on a day that is not a Business Day, the required payment of principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes interest will be made by wire transfer to a U.S. dollar account maintained by on the payee with a bank in next succeeding Business Day as if made on the United States if such Holder elects date that the payment by wire transfer by giving written notice was due, and no interest shall accrue on that payment for the period from and after that interest payment date or other payment date, as the case may be, to the Trustee or date of that payment on the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)next succeeding Business Day.
Appears in 2 contracts
Sources: Indenture (Hess Midstream Partners LP), Indenture (Hess Midstream LP)
Method of Payment. By at least no later than 10:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest (including Additional Amounts, if any) on any Note is due and payable, the Company Issuers shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premiumpremium and interest (including Additional Amounts, if any) when due. Interest (including Additional Amounts, and/or interest. The Company will pay interest (except Defaulted Interestif any) on any Note which is payable, and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding January 1 and July 1 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuers maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest (including Additional Amounts, if any) on the Notes shall be payable at the office or agency of the Company Paying Agent or Registrar designated by the Issuers maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuers as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interestinterest (including Additional Amounts, if any)) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interestinterest (including Additional Amounts, if any)) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 2 contracts
Sources: Indenture (Restaurant Brands International Inc.), Indenture (Restaurant Brands International Limited Partnership)
Method of Payment. By at least 10:00 a.m. no later than noon (New York City time) on the date on which any principal of and of, premium, if any, or interest on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premiumpremium and interest when due. Interest on any Note which is payable, if anyand is timely paid or duly provided for, and/or interest. The Company will pay interest (except Defaulted Interest) on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding January 1 or September 10 next preceding July 1, as applicable, at the interest payment date even if Notes are cancelled, repurchased office or redeemed after agency of the record date and on or before Issuer maintained for such purpose pursuant to Section 2.3 of the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 fifteen (15) days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 2 contracts
Sources: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)
Method of Payment. By at least 10:00 a.m. (no later than 11:00 a.m., New York City time) , on the date on which any principal of and of, premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyand interest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding April 15 and October 15 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Company maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company maintained for such purpose in The City of New York(which shall initially be the Corporate Trust Office maintained for such purpose), or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the third to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar Dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date or a Redemption Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 2 contracts
Sources: Indenture (loanDepot, Inc.), Indenture (loanDepot, Inc.)
Method of Payment. By at least no later than 10:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest (including Additional Amounts, if any) on any Note is due and payable, the Company Issuers shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premiumpremium and interest (including Additional Amounts, if any) when due. Interest (including Additional Amounts, and/or interest. The Company will pay interest (except Defaulted Interestif any) on any Note which is payable, and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the preceding March 10 15 and September 15 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuers maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest (including Additional Amounts, if any) on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuers maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuers as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interestinterest (including Additional Amounts, if any)) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interestinterest (including Additional Amounts, if any)) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 2 contracts
Sources: Indenture (Burger King Worldwide, Inc.), Indenture (New Red Canada Partnership)
Method of Payment. By at least 10:00 a.m. no later than noon (New York City time) on the date on which any principal of and of, premium, if any, or interest on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premiumpremium and interest when due. Interest on any Note which is payable, if anyand is timely paid or duly provided for, and/or interest. The Company will pay interest (except Defaulted Interest) on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the preceding March 10 1 or September 10 next preceding 1, as applicable, at the interest payment date even if Notes are cancelled, repurchased office or redeemed after agency of the record date and on or before Issuer maintained for such purpose pursuant to Section 2.3 of the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 fifteen (15) days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 2 contracts
Sources: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)
Method of Payment. By at least no later than 10:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest (including Additional Amounts, if any) on any Note is due and payable, the Company Issuers shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premiumpremium and interest (including Additional Amounts, if any) when due. Interest (including Additional Amounts, and/or interest. The Company will pay interest (except Defaulted Interestif any) on any Note which is payable, and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding April 1 and October 1 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuers maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest (including Additional Amounts, if any) on the Notes shall be payable at the office or agency of the Company Paying Agent or Registrar designated by the Issuers maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuers as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interestinterest (including Additional Amounts, if any)) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interestinterest (including Additional Amounts, if any)) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 2 contracts
Sources: Indenture (Restaurant Brands International Limited Partnership), Indenture (Restaurant Brands International Inc.)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest interest, on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding January 15 and July 15 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Company maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar Dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 2 contracts
Sources: Indenture (GCP Applied Technologies Inc.), Indenture (W R Grace & Co)
Method of Payment. By at least no later than 10:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest or Additional Interest, if any, on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, and interest and Additional Interest, if any, and/or interestwhen due. The Company will pay interest (except Defaulted Interest) Interest on any Note which is payable, and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding January 15 or September 10 next preceding July 15, as applicable, at the interest payment date even if Notes are cancelled, repurchased office or redeemed after agency of the record date and on or before Issuer maintained for such purpose pursuant to Section 2.3 of the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest (and Additional Interest, if any) on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interestinterest and Additional Interest, if any) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interestinterest and Additional Interest, if any) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in 3 In the United States if such Holder elects payment by wire transfer by giving written notice to case of Notes issued on the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)Issue Date.
Appears in 2 contracts
Sources: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)
Method of Payment. By at least 10:00 a.m. (New York City time) The Issuer shall pay interest on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest Notes (except Defaulted Interestdefaulted interest) to the Persons who are registered Holders of Notes holders at the close of business on the [March 10 or 15], [June 15], [September 10 next 15] and [December 15] (each a “Record Date”) immediately preceding the interest payment date Interest Payment Date even if Notes are cancelled, repurchased or redeemed canceled after the record date Record Date and on or before the interest payment dateInterest Payment Date (whether or not a Business Day). Holders must surrender Notes to a the Paying Agent to collect principal payments. The Company will Issuer shall pay principal, premiumpremium (including the cash value of any IPO Redemption Premium), if any, and interest in money of the United States of America that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of the Notes represented by a Global Note (including principal, premium, if any, and interest) will shall be made by wire transfer of immediately available funds to the account accounts specified by DTC or any successor depository. The Depository Trust Company. Payments Issuer shall make all payments in respect of Notes represented by a Definitive Notes Note (including principal, premium, if any, and interest) held at the office of the Paying Agent, except that, at the option of the Issuer, payment of interest may be made by mailing a Holder check to the registered address of at least U.S.$1,000,000 aggregate principal amount of each holder thereof; provided, however, that payments on the Notes will may also be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). At all times, PIK Interest on the Notes will be payable: (i) with respect to Notes represented by one or more Global Notes registered in the name of, or held by, DTC (or any successor depositary) or its nominee on the relevant record date, by increasing the principal amount of the outstanding Global Notes, effective as of the applicable interest payment date, by an amount equal to the amount of PIK Interest for the applicable interest period (rounded up to the nearest whole dollar) (“PIK Payment”) at the request of the Issuers to authenticate or increase the Global Note and (ii) with respect to Definitive Notes, if any, by issuing PIK Notes in certificated form, dated as of the applicable interest payment date, in an aggregate principal amount equal to the amount of PIK Interest for the applicable interest period (rounded up to the nearest whole dollar), and the Trustee will, at the request of the Issuers, authenticate and deliver such PIK Notes in certificated form for original issuance to the holders on the relevant Record Date, as shown by the records of the register of holders.
Appears in 2 contracts
Sources: Fourth Supplemental Indenture (Sunnova Energy International Inc.), Fourth Supplemental Indenture (Sunnova Energy International Inc.)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 or September 10 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a the relevant Paying Agent to collect principal payments. The Company will Issuers shall pay principal, premium, if any, Applicable Amounts, if any, and interest and Additional Interest, if any, in money of the United States of America that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principalPrincipal, premium, if any, Additional Amounts, if any, interest and interest) Additional Interest, if any, on the Global Notes will be payable at the specified office or agency of one or more Paying Agents; provided that all such payments with respect to Notes represented by one or more Global Notes registered in the name of or held by a nominee of DTC will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Companythe Holder or Holders thereof. Payments in respect of Notes represented by Definitive Notes (including principalPrincipal, premium, if any, Additional Amounts, if any, interest and interest) held Additional Interest, if any, on any Definitive Notes will be payable at the specified office or agency of one or more Paying Agents in New York, maintained for such purposes. In addition, interest on the Definitive Notes may be paid by check mailed to the person entitled thereto as shown on the register for the Definitive Notes; provided, however, that cash payments on the Notes may also be made, in the case of a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes will be made Notes, by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States of America if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If the due date for any payment in respect of any Note is not a Business Day at the place in which such payment is due to be paid, the Holder thereof will not be entitled to payment of the amount due until the next succeeding Business Day at such place, and will not be entitled to any further interest or other payment as a result of any such delay.
Appears in 2 contracts
Sources: Senior Secured Indenture (NXP Manufacturing (Thailand) Co., Ltd.), Senior Unsecured Indenture (NXP Manufacturing (Thailand) Co., Ltd.)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note Security is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interestinterest when due. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes Securities at the close of business on the March 10 April 15 or September 10 October 15 next preceding the interest payment date even if Notes Securities are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes Securities to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, principal and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and of, premium, if any, and interest on the Notes Securities shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes Securities represented by a Global Note Security (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust Company. Payments in respect of Notes Securities represented by Definitive Notes Securities (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes Securities represented by Definitive Securities will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 2 contracts
Sources: Indenture (Stanley Works), Indenture (Black & Decker Corp)
Method of Payment. By at least 10:00 a.m. no later than noon (New York City time) on the date on which any principal of and of, premium, if any, or interest on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premiumpremium and interest when due. Interest on any Note which is payable, if anyand is timely paid or duly provided for, and/or interest. The Company will pay interest (except Defaulted Interest) on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding June 15 or September 10 next preceding December 15, as applicable, at the interest payment date even if Notes are cancelled, repurchased office or redeemed after agency of the record date and on or before Issuer maintained for such purpose pursuant to Section 2.3 of the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 fifteen (15) days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 2 contracts
Sources: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest interest, on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the preceding March 10 15 and September 15 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuer maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the third to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date or a Redemption Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 2 contracts
Sources: Indenture (Owens & Minor Inc/Va/), Indenture (Owens & Minor Inc/Va/)
Method of Payment. By at least 10:00 a.m. no later than 12:30 p.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or or interest. The Company will shall pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 1 or September 10 next 1 immediately preceding the interest payment date even if the Notes are cancelled, cancelled or repurchased or redeemed after the record date Regular Record Date and on or before the interest payment dateInterest Payment Date. Holders must surrender the Notes to a Paying Agent to collect principal payments. The Company will shall pay principalprincipal of, premium, if any, and interest on the Notes in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentencesThe Company shall pay principal of, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of designated by the Company, each installment of interest may be paid by check mailed to addresses which is initially the corporate trust office of the Persons entitled thereto as such addresses Trustee in Minneapolis, Minnesota. The Company shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principalpay principal of, premium, if any, and interest) will be made interest on the Global Notes registered in the name of or held by wire transfer of the Depositary or its nominee in immediately available funds to the account specified by Depositary or its nominee, as the case may be, as the registered holder of such Global Note. The Depository Trust Company. Payments Company shall make all payments in respect of a Definitive Note by mailing a check to the registered address of each Holder thereof as such address shall appear on the Security Registrar’s books; provided, however, that payments on the Notes represented by Definitive Notes may also be made, in the case of a Holder of at least $1,000,000 aggregate principal amount of Notes represented by Definitive Notes (including principalNotes, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding in accordance with the relevant due date for payment (or such other date as terms of the Trustee may accept in its discretion)Indenture.
Appears in 2 contracts
Sources: First Supplemental Indenture (Diamondback Energy, Inc.), Supplemental Indenture (Diamondback Energy, Inc.)
Method of Payment. By at least 10:00 a.m. (New York City time) The Company shall pay interest on the date on which any principal of Notes (except defaulted interest) and premiumAdditional Interest, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 or September 10 December 15 and June 15 next preceding the interest payment date Interest Payment Date, even if such Notes are cancelled, repurchased or redeemed canceled after the such record date and on or before such Interest Payment Date, except as provided in Section 2.12 of the Indenture with respect to defaulted interest. Any such installment of interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premiumor Additional Interest, if any, not punctually paid or duly provided for shall forthwith cease to be payable to the registered Holders on such Interest Payment Date, and may be paid to the registered Holders at the close of business on a special interest payment date to be fixed by the Trustee for the payment of such defaulted interest, notice whereof shall be given to the registered Holders not less than 10 days prior to such special interest payment date, or may be paid at any time in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, all as more fully provided in the Indenture. The Notes will be payable as to principal, Redemption Price, Purchase Price, interest and Additional Interest, if any, at the office or agency of the Company maintained for such purpose within or without the City and State of New York, or, at the option of the Company, payment of interest and Additional Interest may be made by check mailed to the Holders at their addresses set forth in the register of Holders, provided that payment by wire transfer of immediately available funds will be required with respect to principal, Redemption Price and Purchase Price of, and interest and Additional Interest (if any) on, all Global Notes and all other Notes the Holders of which shall have provided wire transfer instructions to the Trustee or the Paying Agent. Such payment shall be in money such coin or currency of the United States that of America as at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 2 contracts
Sources: Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest on or Additional Interest, if any, on, any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interestinterest and Additional Interest, if any. The Company will pay interest (except Defaulted Interest) and Additional Interest, if any, to the Persons who are registered Holders of Notes at the close of business on the March 10 June 1 or September 10 December 1 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premiumprincipal and interest and Additional Interest, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in If a Holder has given wire transfer instructions to the succeeding two sentencesCompany, the principal of Company will, or if the Company is not then the Paying Agent, the Company will cause the Paying Agent to, pay all principal, interest, Additional Interest, if any, and premium, if any, on that Holder's Notes in accordance with the instructions; all other payments of the principal of (and premium, if any), interest and Additional Interest, if any, on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the Company, each installment of interest and Additional Interest, if any, may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interestinterest and Additional Interest, if any) will be made by wire the transfer of immediately available funds to the account accounts specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 2 contracts
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest on the Notes (except Defaulted defaulted interest) and Additional Interest) , if any, to the Persons who are registered Holders of Notes at the close of business on the March 10 or September 10 January 15th and the July 15th next preceding the interest payment date Interest Payment Date, even if such Notes are cancelled, repurchased or redeemed canceled after the such record date and on or before such Interest Payment Date, except as provided in Section 2.12 of the Indenture with respect to defaulted interest. Any such installment of interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premiumor Additional Interest, if any, not punctually paid or duly provided for shall forthwith cease to be payable to the registered Holders on such Interest Payment Date, and may be paid to the registered Holders at the close of business on a special interest payment date to be fixed by the Trustee for the payment of such defaulted interest, notice whereof shall be given to the registered Holders not less than 15 days prior to such special interest payment date, or may be paid at any time in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, all as more fully provided in the Indenture. The Notes will be payable as to principal, Redemption Price, Purchase Price, interest and Additional Interest, if any, at the office or agency of the Company maintained for such purpose within or without the City and State of New York, or, at the option of the Company, payment of interest and Additional Interest may be made by check mailed to the Holders at their addresses set forth in the register of Holders, provided that payment by wire transfer of immediately available funds will be required with respect to principal, Redemption Price and Purchase Price of, and interest and Additional Interest (if any) on, all Global Notes and all other Notes the Holders of which shall have provided wire transfer instructions to the Trustee or the Paying Agent. Such payment shall be in money such coin or currency of the United States that of America as at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 2 contracts
Sources: Indenture (Davis-Standard CORP), Indenture (Davis-Standard CORP)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) on the principal amount of the Securities as provided above on each Interest Payment Date, commencing May 1, 2010, to the Persons who persons which are registered Holders of Notes (as reflected in the Register at the close of business on the March 10 April 15 or September 10 next October 15 immediately preceding the interest payment date Interest Payment Date), in each case, even if Notes the Securities are cancelledcanceled on registration of transfer or registration of exchange after such record date; provided that, repurchased or redeemed after with respect to the record date and on or before payment of principal, the interest Company will make payment date. Holders must surrender Notes to the Holder that surrenders this Security to a Paying Agent to collect principal paymentson or after November 1, 2021. The Company will pay principal, premium, if any, interest and Additional Interest, if any, in U.S. Dollars. If a payment date is a date other than a Business Day at a place of payment, payment may be made at that place on the next succeeding day that is a Business Day and no interest in money of shall accrue for the United States that at the time of payment is legal tender for payment of public and private debtsintervening period. Except as described in the succeeding two sentencesPrincipal of, the principal of and premium, if any, interest and interest on the Notes shall Additional Interest, if any, on, Definitive Securities will be payable payable, and Definitive Securities may be presented for registration of transfer or exchange, at the office or agency of the Company maintained for such purpose in The City of New Yorkpurpose. Principal of, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, and premium, if any, interest and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premiumAdditional Interest, if any, and interest) held on, Global Securities will be payable by a the Company through the Trustee to the Book-Entry Depositary in immediately available funds. Holders of Definitive Securities will be entitled to receive interest payments by wire transfer in immediately available funds if appropriate wire transfer instructions have been received in writing by the Trustee not less than 15 days prior to the applicable Interest Payment Date. Such wire instructions, upon receipt by the Trustee, shall remain in effect until revoked by such Holder. If wire instructions have not been received by the Trustee with respect to any Holder of at least U.S.$1,000,000 aggregate principal amount a Definitive Security, payment of Notes will interest may be made by wire transfer check in immediately available funds mailed to a U.S. dollar account such Holder at the address set forth upon the Register maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)Registrar.
Appears in 2 contracts
Sources: Indenture (Navistar International Corp), Indenture (Navistar, Inc.)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest interest, on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding April 1 and October 1 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuer maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the third to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date or a Redemption Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 2 contracts
Sources: Indenture (Owens & Minor Inc/Va/), Indenture (Thor Industries Inc)
Method of Payment. By at least 10:00 a.m. no later than 12:00 p.m. (New York City Eastern time) on the date on which any principal of and of, premium, if any, or interest interest, on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding February 15 and August 15 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Company maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 2 contracts
Sources: Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.)
Method of Payment. By at least no later than 10:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest and Additional Interest, if any, on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, interest (including Additional Interest, if any) when due. Interest and Additional Interest, if any, and/or interest. The Company will pay interest (except Defaulted Interest) on any Note which is payable, and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more predecessor Notes) is registered Holders of Notes at the close of business on the preceding March 10 15 and September 15 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuer maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest and Additional Interest, if any, on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Agent maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, thatthat each installment of interest and Additional Interest, if any, may be paid (i) at the option of the CompanyPaying Agent, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) by wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, interest and interestAdditional Interest, if any) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, interest and interestAdditional Interest, if any) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 2 contracts
Sources: Indenture (Churchill Downs Inc), Indenture (Cott Corp /Cn/)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or The Issuer shall pay interest on any this Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interestdefaulted interest) to the Persons persons who are registered Holders of Notes this Note at the close of business on the March 10 or September 10 Record Date for the next preceding the interest payment date Interest Payment Date even if Notes are cancelled, repurchased or redeemed this Note is cancelled after the record date Record Date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsInterest Payment Date. The Company will Issuer shall pay principal, premium, if any, principal and interest in money of the United States U.S. dollars in immediately available funds that at the time of payment is legal tender for payment of public and private debts; provided, however, that payment of interest may be made at the option of the Issuer by check mailed to the Holder. Except The amount of payments in respect of interest on each Interest Payment Date shall correspond to the aggregate principal amount of Notes represented by the Regulation S Global Note and the Restricted Global Note, as described in established by the succeeding two sentencesRegistrar at the close of business on the relevant Record Date. Payments of principal shall be made upon surrender of the Regulation S Global Note and the Restricted Global Note to the Paying Agent. If a Holder has given wire transfer instructions to the Issuer at least 10 Business Days prior to the applicable payment date, the principal of Issuer will pay all principal, interest and premium, if any, and interest on the that Holder’s Notes shall in accordance with those instructions. All other payments on Notes will be payable made at the office or agency of the Company maintained for such purpose in The Paying Agent and Registrar within the City and State of New York, or at such other office or agency of York unless the Company as may be maintained for such purpose pursuant Issuer elects to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of make interest may be paid payments by check mailed to the Holders at their addresses set forth in the register of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect Holders; provided that all payments of Notes represented by a Global Note (including principal, premium, if any, and interest) , with respect to the Global Notes registered in the name of or held by DTC or its nominee and will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)DTC.
Appears in 2 contracts
Sources: Indenture (FTS International, Inc.), Indenture (FTS International, Inc.)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (and Liquidated Damages, if any) on the Convertible Subordinated Notes (except Defaulted Interestdefaulted interest) to the Persons who are Person in whose name each Convertible Subordinated Note is registered Holders of Notes at the close of business on the March 10 May 15 or September 10 next November 15 immediately preceding the relevant Interest Payment Date (each a "Regular Record Date") (other than with respect to a Convertible Subordinated Note or portion thereof called for redemption on a Redemption Date, or repurchased in connection with a Designated Event on a repurchase date, during the period from the close of business on a Regular Record Date to (but excluding) the next succeeding Interest Payment Date, in which case accrued interest payment date even (and Liquidated Damages, if Notes are cancelled, any) shall be payable (unless such Convertible Subordinated Note or portion thereof is converted) to the holder of the Convertible Subordinated Note or portion thereof redeemed or repurchased in accordance with the applicable redemption or redeemed after repurchase provisions of the record date and on or before the interest payment dateIndenture). Holders Holder must surrender Convertible Subordinated Notes to a Paying Agent to collect principal payments. The Company will pay principalthe principal of, premium, if any, and interest (including Liquidated Damages, if any) on the Convertible Subordinated Notes at the office or agency of the Company maintained for such purpose, in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in Until otherwise designated by the succeeding two sentencesCompany, the principal of and premium, if any, and interest on the Notes shall be payable at the Company's office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency will be the principal Corporate Trust Office of the Trustee (as defined below). However, the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including pay principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes interest (including principal, premiumLiquidated Damages, if any) by check payable in such money, and interest) held by a Holder may mail such check to the holders of the Convertible Subordinated Notes at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank their respective addresses as set forth in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)Register of holders of Convertible Subordinated Notes.
Appears in 2 contracts
Sources: Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc)
Method of Payment. By at least no later than 10:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or and interest on any Note is due and payable, the Company Issuers shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding February 1 and August 1 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes Issuers maintained for such purpose pursuant to a Paying Agent to collect principal paymentsSection 2.3 of this Indenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuers maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuers as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 2 contracts
Sources: Indenture (Acelity L.P. Inc.), Security Agreement (Acelity L.P. Inc.)
Method of Payment. By at least 10:00 a.m. (New York City time) The Issuer shall pay interest on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest Notes (except Defaulted Interestdefaulted interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 1 or September 10 1 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed canceled after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will Issuer shall pay principal, premium, if any, and interest in money of the United States of America that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentencesCash payments of principal of, the principal of and premium, if any, and interest on the Notes shall be are payable at the office or agency of the Company Issuer maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, thator, at the option of the CompanyIssuer, each installment cash payment of interest may be paid made by check mailed to the Holders at their respective addresses or transmitted by wire in accordance with wiring instructions set forth in the register of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect Holders; provided, that (1) all cash payments of Notes represented by a Global Note (including principal, premium, if any, and interest) interest with respect to Global Notes registered in the name of or held by DTC or its nominee will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust Company. Payments in respect the registered Holder or Holders thereof and (2) all cash payments of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of interest with respect to certificated Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretionagree). Until otherwise designated by the Issuer, the Issuer’s office or agency is the office of the Trustee maintained for such purpose. If a payment date falls on a day that is not a Business Day, payment will be made on the next succeeding Business Day and no interest shall accrue for the intervening period.
Appears in 2 contracts
Sources: Indenture (Alcoa Corp), Indenture (Alcoa Corp)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest on the Notes (except Defaulted Interestdefaulted interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 or September 10 January 15 and July 15 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed canceled after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, and interest on the Notes in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentencesPrincipal, the principal of and premium, if any, and interest on the Notes shall will be payable at the office or agency of the Company maintained for such purpose in The City within the United States of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, thatAmerica or, at the option of the Company, each installment payment of interest may be paid made by check mailed to the Holders at their respective addresses set forth in the register of Holders; provided, however, that all payments of principal, premium and interest with respect to Notes the Holders of which have given wire transfer instructions to the Company will be required to be made by wire transfer of immediately available funds to the accounts specified by the Holders thereof. Until otherwise designated by the Company, the Company’s office or agency in the United States of America will be the corporate trust office of the Persons entitled thereto as Trustee maintained for such addresses purpose, which shall appear on the Note Registerinitially be ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇. Payments in respect of the Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by the Depository. The Depository Trust Company. Payments Company will make all payments in respect of Notes represented by Definitive Notes a certificated Note (including principal, premium, if any, premium and interest) held by mailing a check to the registered address of each Holder of at least U.S.$1,000,000 aggregate principal amount of Notes thereof; provided, however, that payments on a certificated Note will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 2 contracts
Sources: Indenture (Pra Group Inc), Indenture (Pra Group Inc)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest interest, on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding December 15 and June 15, respectively, at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuer maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the third to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar Dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date or a Redemption Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 1 contract
Sources: Indenture (GrubHub Inc.)
Method of Payment. By at least 10:00 a.m. (New York City timea) on On each Payment Date, the date on which Trustee shall, or shall instruct a Paying Agent to, pay, to the extent of the Available Collections Amount for such Payment Date and any funds withdrawn from the Interest Reserve Account or the Capital Account by the Trustee pursuant to Section 3.8, to the Noteholders all interest, principal of and premiumPremium, if any, or interest on each class of Notes in the amounts determined by the Calculation Agent pursuant to Section 3.5; provided, that payment on a Temporary Regulation S Global Note shall be made to the Noteholder thereof only in conformity with Section 2.5(c) and payment on any Note is due and payable, may be deferred as provided in Section 2.5(d). Each payment on any Payment Date other than the Company final payment with respect to any class of Notes shall irrevocably deposit with be made by the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 or September 10 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsthe Noteholders as of the Record Date for such Payment Date. The Company will pay principalfinal payment with respect to any class of Notes, premiumhowever, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable made only upon presentation and surrender of such Note by the Noteholder or its agent at the an office or agency of the Company Trustee or Paying Agent in New York City.
(b) At such time, if any, as the Notes of any class are issued in the form of Definitive Notes, payments on a Payment Date shall be made by check mailed to each Noteholder of a Definitive Note on the applicable Record Date at its address appearing on the Register maintained with respect to such class of Notes or, alternatively, upon application in writing to the Trustee, not later than the applicable Record Date, by a Noteholder, subject to Section 2.5(d), any such payments shall be made by wire transfer to an account designated by such Noteholder at a financial institution in New York City; provided, that, in each case, the final payment for any class of Notes shall be made only upon presentation and surrender of the Definitive Notes of such purpose in The City of New York, class by the Noteholder or its agent at such other an office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterTrustee or Paying Agent in New York City. Payments in respect of the Notes represented by a Global Note (including principal, premiumPremium, if any, and interest) will shall be made by wire transfer of immediately available funds to the account specified by DTC at a financial institution in New York City.
(c) The Depository Trust Company. Payments beneficial owner of a Temporary Regulation S Global Note may arrange to receive payments through Euroclear or Clearstream on such Temporary Regulation S Global Note only after delivery by such beneficial owner to Euroclear or Clearstream, as the case may be, of a written certification substantially in the form of Exhibit G and upon delivery by Euroclear or Clearstream, as the case may be, to the Paying Agent of a certification or certifications substantially in the form of Exhibit H. No interest shall be paid to any beneficial owner and no interest shall be paid to Euroclear or Clearstream on such beneficial owner’s interest in a Temporary Regulation S Global Note unless Euroclear or Clearstream, as the case may be, has provided such a certification to the Paying Agent with respect to such interest.
(d) Not later than five Business Days prior to each Payment Date or any other date on which a Distribution Report is to be distributed to Noteholders and Beneficial Holders pursuant to Section 2.13(a), the Registrar shall use commercially reasonable efforts to (i) prepare a list (the “Approved Holder List”) of each Noteholder and Beneficial Holder as of the related Record Date that has executed and delivered to the Registrar a Confidentiality Agreement, (ii) obtain from DTC a list (the “DTC List”) of the Agent Members holding Beneficial Interests in the Notes represented as of such Record Date, (iii) obtain from each such Agent Member as of such Record Date the corresponding Beneficial Holders of the Beneficial Interests held by each such Agent Member set forth on the DTC List as of such Record Date and prepare a list thereof and of the Beneficial Interests owned by each such Beneficial Holder (the “Actual Beneficial Holder List”), (iv) prepare a list (the “Escrow List”), if necessary, that identifies any differences between (x) the Noteholders and Beneficial Holders listed on the Approved Holder List and (y)(A) the Noteholders of Definitive Notes set forth in the Register and (including B) the Beneficial Holders listed on the Actual Beneficial Holder List (or those Beneficial Holders that the Registrar actually knows have not executed and delivered to the Registrar Confidentiality Agreements), in each case as of such Record Date, and (v) provide the Approved Holder List, the DTC List, the Actual Beneficial Holder List and any Escrow List to the Issuer, the Servicer and the Trustee. Each Noteholder, Agent Member and Beneficial Holder hereby agrees, acknowledges and consents that (I) with respect to a Noteholder of any Notes (other than DTC or its nominee) that as of such Record Date has not executed and delivered to the Registrar a Confidentiality Agreement and, therefore, is listed on the Escrow List, the Trustee promptly (but in no event less than three Business Days prior to the applicable Payment Date) shall use commercially reasonable efforts to notify such Noteholder of such failure and, on the applicable Payment Date, cause any payment of principal, premiumPremium, if any, or interest on such Notes to be paid directly to the Escrow Account and interest(II) held by with respect to a Beneficial Holder of at least U.S.$1,000,000 aggregate principal amount any Beneficial Interest in a Note that as of such Record Date has not executed and delivered to the Registrar a Confidentiality Agreement and, therefore, is listed on the Escrow List, the Trustee promptly (but in no event less than three Business Days prior to the applicable Payment Date) shall use commercially reasonable efforts to cause the Beneficial Interest of such Beneficial Holder to be transferred into the name of the Trustee (including the Trustee acting as an Agent Member with respect to such Beneficial Interests) and shall use commercially reasonable efforts to cause any payment of principal, Premium, if any, or interest on such Notes will or Beneficial Interests received on such Payment Date to be made by wire transfer deposited into the Escrow Account upon receipt thereof; provided, that the Record Date with respect only to a U.S. dollar account maintained such Beneficial Holder shall be changed to the Business Day immediately prior to the related Payment Date. Upon receipt by the payee with a bank in Trustee and the United States if such Holder elects payment by wire transfer by giving Issuer of written notice from the Registrar that the applicable Noteholder or Beneficial Holder has executed and delivered to the Registrar a Confidentiality Agreement, the Trustee will distribute such amounts, without interest, from the Escrow Account to the Trustee for distribution to each such Noteholder or Beneficial Holder, but prior to the Paying Agent receipt thereof the Trustee shall be authorized to treat such purported Noteholder or Beneficial Holder as not being a Noteholder or Beneficial Holder, as the case may be, for purposes of this Indenture.
(e) To the extent that the full amount of any interest due on the Class A Notes is not paid in full on any Payment Date and funds are deposited into the Collection Account following such Payment Date but prior to the third Business Day prior to the immediately succeeding Calculation Date, notwithstanding anything to the contrary in this Indenture, the Trustee shall use such funds to pay to the Noteholders of record the overdue interest together with Additional Interest on such overdue interest on or before the third Business Day after such funds are deposited; provided, that all Expenses with respect to such effect designating preceding Payment Date contemplated by Section 3.7(a)(i) shall have been paid. With each such account no later than 15 days immediately payment the Trustee shall furnish a brief statement to Noteholders eligible to receive Distribution Reports in accordance with this Indenture indicating the aggregate amount of funds received and the balance of overdue interest (and interest thereon) to which the payment is being applied. Subject to Section 2.5(d), any such payment shall be made to the Noteholders of record as of the third Business Day preceding the relevant due date for payment (of each such payment. Any funds that are deposited on or such other date as after the Trustee may accept third Business Day prior to the immediately succeeding Calculation Date shall be held in its discretion)the Collection Account and applied in accordance with this Indenture on the next succeeding Payment Date.
Appears in 1 contract
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest on the Notes (except Defaulted Interestdefaulted interest) to the Persons who are registered Holders holders of Notes at the close of business on the March 10 February 1 or September 10 August 1 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed canceled after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, and interest on the Notes in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentencesPrincipal, the principal of and premium, if any, and interest on the Notes shall will be payable at the office or agency of the Company maintained for such purpose in The within the City and State of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, thatYork or, at the option of the Company, each installment payment of interest may be paid made by check mailed to addresses the Holders of the Persons entitled thereto as Notes at their respective addresses set forth in the register of Holders of Notes; provided, however, that all payments of principal, premium and interest with respect to Notes the Holders of which have given wire transfer instructions to the Company will be required to be made by wire transfer of immediately available funds to the accounts specified by the Holders thereof. Until otherwise designated by the Company, the Company’s office or agency in the City and State of New York will be the office of the Trustee maintained for such addresses purpose, which shall appear on the Note Registerinitially be 1▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Corporate Trust Department. Payments in respect of the Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by the Depository. The Depository Trust Company. Payments Company will make all payments in respect of Notes represented by Definitive Notes a certificated Note (including principal, premium, if any, premium and interest) held by mailing a check to the registered address of each Holder of at least U.S.$1,000,000 aggregate principal amount of Notes thereof; provided, however, that payments on a certificated Note will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
1 To be included only if there is a Registration Rights Agreement (as defined in the Appendix) applicable to this Note and subject to modification as necessary to reflect the terms of such Registration Rights Agreement, if any.
Appears in 1 contract
Sources: Indenture (Credit Acceptance Corp)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest on the Notes (except Defaulted Interestdefaulted interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 1 or September 10 1 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed canceled after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, and interest on the Notes in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentencesPrincipal, the principal of and premium, if any, and interest on the Notes shall will be payable at the office or agency of the Company maintained for such purpose in The City within the United States of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, thatAmerica or, at the option of the Company, each installment payment of interest may be paid made by check mailed to addresses the Holders of the Persons entitled thereto as Notes at their respective addresses set forth in the register of Holders of Notes; provided, however, that all payments of principal, premium and interest with respect to Notes the Holders of which have given wire transfer instructions to the Company will be required to be made by wire transfer of immediately available funds to the accounts specified by the Holders thereof. Until otherwise designated by the Company, the Company’s office or agency in the United States of America will be the office of the Trustee maintained for such addresses purpose, which shall appear on the Note Registerinitially be West Side Flats EP-MN-WS3C, ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, St. ▇▇▇▇, MN 55107. Payments in respect of the Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by the Depository. The Depository Trust Company. Payments Company will make all payments in respect of Notes represented by Definitive Notes a certificated Note (including principal, premium, if any, premium and interest) held by mailing a check to the registered address of each Holder of at least U.S.$1,000,000 aggregate principal amount of Notes thereof; provided, however, that payments on a certificated Note will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 1 contract
Sources: Indenture (Credit Acceptance Corp)
Method of Payment. By at least 10:00 a.m. The Issuer will pay interest on the Notes (New York City timeexcept defaulted interest) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) applicable Interest Payment Date to the Persons who are registered Holders of Notes at the close of business on the March 10 or September 10 next February 1 and August 1 immediately preceding the interest payment date Interest Payment Date, even if such Notes are cancelled, repurchased or redeemed cancelled after the such record date and on or before such Interest Payment Date, except as otherwise provided in the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture (as defined below). The Company will pay principalNotes shall be payable as to principal of, premium, if any, interest, at the office or agency of the Issuer maintained for such purpose, or, at the option of the Issuer, with respect to Notes represented by definitive Notes. The Issuer shall pay principal and interest Cash Interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as Cash payments may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid made by check mailed to the Holders at their respective addresses set forth in the register of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in Holders, or, with respect of to Notes represented by a Global Note (including principalglobal Notes the Holders of which have provided the Issuer or the Paying Agent with wire transfer instructions, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account specified or accounts specified. Principal, premium, if any, and Cash Interest, shall be considered paid for all purposes hereunder on the date the Paying Agent, if other than the Issuer or a Subsidiary thereof, holds, as of 11:00 a.m. (New York City time), money deposited by The Depository Trust Company. Payments the Issuer in respect of Notes represented by Definitive Notes (including immediately available funds and designated for and sufficient to pay all such principal, premium, if any, interest, then due. At all times, PIK Interest on this Note will be payable (x) with respect to Notes represented by one or more Global Notes registered in the name of, or held by, The Depository Trust Company (“DTC”) or its nominee on the relevant record date, by increasing the principal amount of the outstanding Global Note by an amount equal to the amount of PIK Interest for the applicable interest period (rounded down to the nearest whole dollar) as provided in writing by the Issuer to the Trustee and interest(y) held with respect to Notes represented by a Holder of at least U.S.$1,000,000 Definitive Notes, by issuing PIK Notes in certificated form in an aggregate principal amount equal to the amount of PIK Interest for the applicable interest period (rounded down to the nearest whole dollar), and the Trustee will, at the written request of the Issuer, authenticate and deliver such PIK Notes in certificated form for original issuance to the Holders on the relevant record date, as shown by the records of the register of Holders. Following an increase in the principal amount of any outstanding Global Notes as a result of a PIK Payment, such Global Note will bear interest on such increased principal amount from and after the date of such PIK Payment. Any PIK Notes issued in certificated form will be dated as of the applicable Interest Payment Date and will bear interest from and after such date. All Notes issued pursuant to a PIK Payment will mature on November 15, 2023 and will be governed by, and subject to the terms, provisions and conditions of, the Indenture and shall have the same rights and benefits as the Notes issued on the Issue Date. Any certificated PIK Notes will be made by wire transfer to a U.S. dollar account maintained by issued with the payee with a bank in description “PIK” on the United States if face of such Holder elects payment by wire transfer by giving written notice PIK Note. Any payments of principal of and interest on this Note prior to the Trustee Stated Maturity shall be binding upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange hereof or in lieu hereof, whether or not noted hereon. The amount due and payable at the maturity of this Note shall be payable only upon presentation and surrender of this Note at an office of the Paying Agent or the Paying Agent to Agent’s agent appointed for such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)purposes.
Appears in 1 contract
Sources: Indenture (WillScot Corp)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note Security is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interestinterest when due. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes Securities at the close of business on the March 10 May 15 or September 10 November 15 next preceding the interest payment date even if Notes Securities are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes Securities to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, principal and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and of, premium, if any, and interest on the Notes Securities shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes Securities represented by a Global Note Security (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust Company. Payments in respect of Notes Securities represented by Definitive Notes Securities (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes Securities represented by Definitive Securities will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 1 contract
Sources: Indenture (Stanley Works)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest on the Notes (except Defaulted Interestdefaulted interest) on the applicable Interest Payment Date to the Persons who are registered Holders of Notes at the close of business on the March 10 or September 10 next June 1 and December 1 preceding the interest payment date Interest Payment Date (whether or not a Business Day), even if such Notes are cancelled, repurchased or redeemed cancelled after the such record date and on or before such Interest Payment Date, except as provided in Section 2.12 of the interest payment dateIndenture with respect to defaulted interest. Holders must surrender If a Holder has given written wire transfer instructions to the Trustee at least 10 Business Days prior to the applicable Interest Payment Date, the Company will make all payments of principal, premium and interest, on such Holder’s Notes by wire transfer of immediately available funds to a the account specified in those instructions. Otherwise, payments on the Notes will be made at the office or agency of the Trustee or Paying Agent unless the Company elects to collect principal paymentsmake interest payments by check mailed to the Holders at their addresses set forth in the register of Holders. The Company will pay principal, premium, if any, and interest Such payment shall be in money such coin or currency of the United States that of America as at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the Any payments of principal of this Note prior to Stated Maturity shall be binding upon all future Holders of this Note and premiumof any Note issued upon the registration of transfer hereof or in exchange hereof or in lieu hereof, if any, whether or not noted hereon. The final principal amount due and interest on payable at the Notes maturity of this Note shall be payable only upon presentation and surrender of this Note at the an office or agency of the Company maintained Trustee or the Trustee’s agent appointed for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Registerpurposes. Payments in respect of Global Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)Depositary.
Appears in 1 contract
Sources: Indenture (Group 1 Automotive Inc)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest on Cash Interest on, any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interestand Cash Interest (and if a PIK Payment is being made, deliver the documentation necessary to increase the principal amount of the Notes or to issue PIK Notes). The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 December 15 or September 10 June 15 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, principal and interest Cash Interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in If a Holder has given wire transfer instructions to the succeeding two sentencesCompany, the principal of Company will, or if the Company is not then the Paying Agent, the Company will cause the Paying Agent to, pay all principal, Cash Interest and premium, if any, on that Holder’s Notes in accordance with the instructions; all other payments of the principal of (and interest premium, if any), and Cash Interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the Company, each installment of interest Cash Interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interestCash Interest) will be made by wire the transfer of immediately available funds to the account accounts specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 1 contract
Sources: Indenture (Venoco, Inc.)
Method of Payment. By at least no later than 10:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest on any Note is due and payable, the Company Issuers shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premiumpremium and interest when due. Interest on any Note which is payable, if anyand is timely paid or duly provided for, and/or interest. The Company will pay interest (except Defaulted Interest) on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding January 15 and July 15 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuers maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuers maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuers as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date or a Redemption Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 1 contract
Sources: Indenture (Ladder Capital Corp)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) on the principal amount of the Securities as provided above on each Interest Payment Date, commencing [ ], to the Persons who persons which are registered Holders of Notes (as reflected in the Register at the close of business on the March 10 [ ] or September 10 next [ ] immediately preceding the interest payment date Interest Payment Date), in each case, even if Notes the Securities are cancelledcanceled on registration of transfer or registration of exchange after such record date; provided that, repurchased or redeemed after with respect to the record date and on or before payment of principal, the interest Company will make payment date. Holders must surrender Notes to the Holder that surrenders this Security to a Paying Agent to collect principal paymentson or after [ ]. The Company will pay principal, premium, if any, interest and Additional Interest, if any, in U.S. Dollars. If a payment date is a date other than a Business Day at a place of payment, payment may be made at that place on the next succeeding day that is a Business Day and no interest in money of shall accrue for the United States that at the time of payment is legal tender for payment of public and private debtsintervening period. Except as described in the succeeding two sentencesPrincipal of, the principal of and premium, if any, interest and interest on the Notes shall Additional Interest, if any, on, Definitive Securities will be payable payable, and Definitive Securities may be presented for registration of transfer or exchange, at the office or agency of the Company maintained for such purpose in The City of New Yorkpurpose. Principal of, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, and premium, if any, interest and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premiumAdditional Interest, if any, and interest) held on, Global Securities will be payable by a the Company through the Trustee to the Book-Entry Depositary in immediately available funds. Holders of Definitive Securities will be entitled to receive interest payments by wire transfer in immediately available funds if appropriate wire transfer instructions have been received in writing by the Trustee not less than 15 days prior to the applicable Interest Payment Date. Such wire instructions, upon receipt by the Trustee, shall remain in effect until revoked by such Holder. If wire instructions have not been received by the Trustee with respect to any Holder of at least U.S.$1,000,000 aggregate principal amount a Definitive Security, payment of Notes will interest may be made by wire transfer check in immediately available funds mailed to a U.S. dollar account such Holder at the address set forth upon the Register maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)Registrar.
Appears in 1 contract
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company Issuer will pay interest on the Notes (except Defaulted Interestdefaulted interest) to the Persons who are registered Holders holders of Notes at the close of business on the March 10 February 1 or September 10 August 1 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed canceled after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company Issuer will pay principal, premium, if any, and interest on the Notes in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentencesPrincipal, the principal of and premium, if any, and interest on the Notes shall will be payable at the office or agency of the Company Issuer maintained for such purpose in The City of New Yorkwithin Minneapolis, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, thatMinnesota or, at the option of the CompanyIssuer, each installment payment of 5 To be included only if there is a Registration Rights Agreement (as defined in the Appendix) applicable to this Note and subject to modification as necessary to reflect the terms of such Registration Rights Agreement, if any. interest may be paid made by check mailed to addresses the Holders of the Persons entitled thereto as Notes at their respective addresses set forth in the register of Holders of Notes; provided, however, that all payments of principal, premium and interest with respect to Notes the Holders of which have given wire transfer instructions to the Issuer will be required to be made by wire transfer of immediately available funds to the accounts specified by the Holders thereof. Until otherwise designated by the Issuer, the Issuer’s office or agency in Minneapolis, MN will be the office of the Trustee maintained for such addresses purpose, which shall appear on the Note Registerinitially be ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Bondholder Communications. Payments in respect of the Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by the Depository. The Depository Trust Company. Payments Issuer will make all payments in respect of Notes represented by Definitive Notes a certificated Note (including principal, premium, if any, premium and interest) held by mailing a check to the registered address of each Holder of at least U.S.$1,000,000 aggregate principal amount of Notes thereof; provided, however, that payments on a certificated Note will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 1 contract
Method of Payment. By at least 10:00 a.m. (New York City time) The Issuer shall pay interest on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest Notes (except Defaulted Interestdefaulted interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 or September 10 next Record Date with respect to such Notes immediately preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment datefor such interest. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company Issuer shall pay all amounts owing hereunder in U.S. dollars. With respect to payments in U.S. dollars, if (i) a Holder has given wire transfer instructions to the Issuer and the Paying Agent in writing, (ii) the Paying Agent has received such written wire transfer instruction at least 15 days prior to the date of the relevant payment and (iii) for so long as the Notes are listed on Euronext Dublin, such holder has also provided such notice to the Paying Agent, then the Issuer will pay principalall interest, premiumpremium and Additional Amounts, if any, and interest on that Holder’s Notes in money accordance with those instructions by wire transfer of same day funds to the United States that at Paying Agent who in turn will wire such funds to the time of payment is legal tender for payment of public and private debtsHolder hereof or to such other Person as the Holder hereof may in writing to the Paying Agent direct. Except as described in the succeeding two sentencesIn all other cases, the principal Issuer may elect to make payments of interest, premium and premiumAdditional Amounts, if any, and interest on a Holder’s Notes by check mailed to the Holders at their addresses set forth in the register of Holders. Payments on Notes shall will be payable at made through the office or agency of the Company maintained Paying Agent and Registrar for such purpose in The City of New Yorkthe Notes unless the Issuer elects to make interest payments by check as previously described. If payments are made through the Paying Agent, or at such other office or agency immediately available funds for the payment of the Company as may be maintained for such purpose pursuant to Section 2.03 principal of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, and premium, if any), interest and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premiumAdditional Amounts, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes on this Note due on any interest payment date, Maturity Date, Redemption Date or other repurchase date will be made by wire transfer available to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to permit the Paying Agent to pay such effect designating funds to the Holders on such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)respective dates.
Appears in 1 contract
Sources: Indenture (Smurfit Westrock PLC)
Method of Payment. By The Company may, at least 10:00 a.m. (New York City time) its option, subject to the Maximum PIK Amount, elect to pay interest on the date on which any principal Notes: (i) entirely as Cash Interest, (ii) entirely as PIK Interest or (iii) with a combination of Cash Interest and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interestPIK Interest. The Company will shall pay interest on the Notes (except Defaulted Interestdefaulted interest) to the Persons who are registered Holders of Notes holders at the close of business on the March 10 June 15 or September 10 next December 15 (each a “Record Date”) immediately preceding the interest payment date Interest Payment Date even if Notes are cancelled, repurchased or redeemed canceled after the record date Record Date and on or before the interest payment dateInterest Payment Date (whether or not a Business Day). Holders must surrender Notes to a the Paying Agent to collect principal payments. The At the Company’s election, the Company will shall pay principal, premium, if any, and interest Cash Interest in money of the United States of America that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments Cash payments in respect of the Notes represented by a Global Note (including principal, premium, if any, and interestCash Interest) will shall be made by wire transfer of immediately available funds to the account accounts specified by the Depository or any successor depositary. The Depository Trust Company. Payments Company shall make all cash payments in respect of Notes represented by Definitive Notes a certificated Note (including principal, premium, if any, and interestCash Interest) held at the office of the Paying Agent, except that, at the option of the Company, payment of Cash Interest may be made by mailing a Holder check to the registered address of each holder thereof; provided, however, that cash payments on the Notes may also be made, in the case of a holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes will be made Notes, by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee or Paying Agent may accept in its discretion). Subject to the Maximum PIK Amount, on each Interest Payment Date on which the Company pays interest all or in part in PIK Interest, PIK Interest will be payable (x) with respect to Notes represented by one or more Global Notes registered in the name of, or held by, the Depository or its nominee on the relevant Record Date, by increasing the principal amount of the outstanding Global Notes on such Interest Payment Date by an amount equal to the amount of PIK Interest for the applicable interest period (rounded up to the nearest $1.00) and upon receipt of an Authentication Order delivered to the Trustee, the Trustee will cause such Global Notes to be increased and (y) with respect to Notes represented by certificated notes, by issuing PIK Notes in certificated form on such Interest Payment Date in an aggregate principal amount equal to the amount of PIK Interest for the applicable interest period (rounded up to the nearest $1.00), and the Trustee will, upon receipt of an Authentication Order, authenticate and deliver such PIK Notes for issuance to the holders in certificated form for original issuance to the holders on the relevant Record Date, as evidenced by the records of such holders. Following an increase in the principal amount of the outstanding Global Notes as a result of a PIK Payment, the Global Notes will bear interest on such increased principal amount from and after the date of such PIK Payment. Any PIK Notes issued in certificated form will be dated as of the applicable Interest Payment Date and will bear interest from and after such date. All Notes issued pursuant to a PIK Payment will mature on the Stated Maturity (including a Springing Maturity Date, if earlier) and will be governed by, and subject to the terms, provisions and conditions of the Indenture referred to below and shall have the same rights and benefits as the Notes issued on the Issue Date. Any PIK Notes issued in certificated form will be issued with the description “PIK” on the face of such PIK Note, and references to the “principal” or “principal amount” of the PIK Notes shall include any increase in the principal amount of the outstanding Notes as a result of any PIK Payment.
Appears in 1 contract
Sources: Indenture (Stem, Inc.)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, interest or interest Additional Amounts, if any, on any Note Security is due and payable, the Company Issuers shall irrevocably deposit with the Trustee or the Paying Agent either Additional Securities or money sufficient to pay such principal, premium, if any, interest and/or interestAdditional Amounts, if any. The Company Issuers will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 or September 10 June 15 and December 15 next preceding the interest payment date Interest Payment Date even if Notes Securities are cancelled, repurchased or redeemed after the record date Record Date and on or before the interest payment dateInterest Payment Date. Holders must surrender Notes Securities to a Paying Agent to collect principal payments. The Company Issuers will pay principal, premium, if any, and interest and/or Additional Amounts, if any, in either Additional Securities or in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described Cash payments in the succeeding two sentencesrespect of Securities represented by a Global Security (including principal, the principal of and premium, if any, interest and interest on Additional Amounts, if any) will be made by the Notes shall be payable at transfer of immediately available funds to the office accounts specified by The Depository Trust Company or agency of the Company maintained for such purpose in any successor depository. The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments Issuers will make all cash payments in respect of Notes represented by a Global Note Definitive Security (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds mailing a check to the account specified by The Depository Trust Company. Payments registered address of each Holder thereof; provided, however, that cash payments on the Securities may also be made, in respect the case of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes will be made Securities, by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 1 contract
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 [ ] or September 10 [ ] next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 [ ] aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 1 contract
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest interest, on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding April 15 and October 15 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuer maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the third to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar Dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 1 contract
Sources: Indenture (Carvana Co.)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest interest, on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding [•] and [•] at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuer maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of the Company Paying Agent or Registrar designated by the Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the third to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar Dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date or a Redemption Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 1 contract
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 July 1 or September 10 January 1 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 1 contract
Sources: Indenture (Bunge LTD)
Method of Payment. By The Company will pay interest on this Note (except Defaulted Interest) to the Persons who are registered Holders of this Note at least 10:00 a.m. the close of business on May 31 or November 30 (each a “Record Date”) next preceding the Interest Payment Date even if Notes are canceled, repurchased or redeemed after the Record Date and on or before the Interest Payment Date. For the purpose of determining the Holder at the close of business on a regular record date when business is not being conducted, the close of business will mean 5:00 p.m., New York City time) , on that day. Holders must surrender this Note to a Paying Agent to collect principal payments. The Company will pay principal and interest in U.S. Legal Tender. Prior to 11:00 a.m. New York City time on the Business Day prior to the date on which any principal of and premium, if any, or interest on any this Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, principal and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 or September 10 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes this Note if represented by a Global Note (including principal, premium, if any, premium and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyDTC. Payments on this Note will be made at the office or agency of the Paying Agent in respect the United States unless the Company elects to make interest payments by check mailed to the Holders at their address set forth in the Note Register; provided, however, that payments on this Note may also be made, in the case of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 in aggregate principal amount of Notes will be made Notes, by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States City of New York if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent Company to such effect designating such account no later than 15 days ten (10) Business Days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 1 contract
Sources: Indenture (Cemex Sab De Cv)
Method of Payment. By at least 10:00 a.m. no later than 12:30 p.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest on any 2051 Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or or interest. The Company will shall pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 9 or September 10 next 9 immediately preceding the interest payment date even if the 2051 Notes are cancelled, cancelled or repurchased or redeemed after the record date Regular Record Date and on or before the interest payment dateInterest Payment Date. Holders must surrender the 2051 Notes to a Paying Agent to collect principal payments. The Company will shall pay principalprincipal of, premium, if any, and interest on the 2051 Notes in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentencesThe Company shall pay principal of, the principal of and premium, if any, and interest on the 2051 Notes shall be payable at the office or agency of designated by the Company maintained for such purpose in the Borough of Manhattan, The City of New York, or at such other office or agency of the . The Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principalpay principal of, premium, if any, and interest) will be made interest on the Global Notes registered in the name of or held by wire transfer of the Depositary or its nominee in immediately available funds to the account specified by Depositary or its nominee, as the case may be, as the registered holder of such Global Note. The Depository Trust Company. Payments Company shall make all payments in respect of a Definitive Note by mailing a check to the registered address of each Holder thereof as such address shall appear in the Security Registrar’s books; provided, however, that payments on the 2051 Notes represented by Definitive Notes (including principalmay also be made, premium, if any, and interest) held by in the case of a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of 2051 Notes will be made represented by Definitive Notes, by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding in accordance with the relevant due date for payment (or such other date as terms of the Trustee may accept in its discretion)Indenture.
Appears in 1 contract
Sources: Third Supplemental Indenture (Diamondback Energy, Inc.)
Method of Payment. By at least 10:00 a.m. (New York City time) The Company shall pay interest on the date on which any principal of Notes [and premium, Additional Interest,* if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest ] (except Defaulted Interestdefaulted interest) to the Persons who are in whose name this Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 April 15 or September 10 next October 15 immediately preceding the interest payment date Interest Payment Date, even if such Notes are cancelled, repurchased or redeemed canceled after the such record date and on or before such Interest Payment Date, except as provided in Section _________________________ † For Additional Notes, insert the date of the Registration Rights Agreement for those Additional Notes. * Not to be included for Exchange Notes. ‡ For Additional Notes, insert the appropriate interest payment datedate for those Additional Notes. Holders must surrender ** For Exchange Notes 1.14 of the Supplemental Indenture with respect to a Paying Agent to collect principal paymentsdefaulted interest. [The Company will shall pay all Additional Interest, if any, on the same dates as interest on the Notes is payable and in the amounts set forth in the Registration Rights Agreement.]* The Notes shall be payable as to principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public [and private debts. Except as described in the succeeding two sentences, the principal of and premiumAdditional Interest, if any, and interest on the Notes shall be payable ,]* at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenturepurpose; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments that (i) payments in respect of the Notes represented by a the Global Note Notes (including principal, premium, if any, and interestinterest [and Additional Interest, if any]) will shall be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust Company. Payments the Depositary with respect thereto; and (ii) payments in respect of the Notes represented by any Definitive Notes (including principal, premium, if any, and interestinterest [and Additional Interest, if any]) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will shall be made by wire transfer (subject (in the case of payments of principal or premium, if any) to surrender of such Note to such office or agency): (a) if the Holder thereof has specified a U.S. dollar account maintained by the payee such Holder with a bank located in the United States if for such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account purpose no later than 15 days immediately preceding the relevant due payment date for payment (or such other later date as the Trustee may accept in its discretion), by wire transfer of immediately available funds to such account so specified or (b) otherwise, at the option of the Company, by check mailed to the Holder of such Note at its address set forth in the Securities Register.
Appears in 1 contract
Method of Payment. By at least no later than 10:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyand interest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding April 15 and October 15 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuer maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Depositary Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 1 contract
Sources: Indenture (Igate Corp)
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest on the Notes (except Defaulted defaulted interest) and Additional Interest) , if any, to the Persons who are registered Holders of Notes at the close of business on the March 10 or September 10 January 15th and July 15th next preceding the interest payment date Interest Payment Date, even if such Notes are cancelled, repurchased or redeemed canceled after the such record date and on or before such Interest Payment Date, except as provided in Section 2.12 of the Indenture with respect to defaulted interest. Any such installment of interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premiumor Additional Interest, if any, not punctually paid or duly provided for shall forthwith cease to be payable to the registered Holders on such Interest Payment Date, and may be paid to the registered Holders at the close of business on a special interest payment date to be fixed by the Trustee for the payment of such defaulted interest, notice whereof shall be given to the registered Holders not less than 15 days prior to such special interest payment date, or may be paid at any time in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, all as more fully provided in the Indenture. The Notes will be payable as to principal, Redemption Price, Purchase Price, interest and Additional Interest, if any, at the office or agency of the Company maintained for such purpose within or without the City and State of New York, or, at the option of the Company, payment of interest and Additional Interest may be made by check mailed to the Holders at their addresses set forth in the register of Holders, provided that payment by wire transfer of immediately available funds will be required with respect to principal, Redemption Price and Purchase Price of, and interest and Additional Interest (if any) on, all Global Notes and all other Notes the Holders of which shall have provided wire transfer instructions to the Trustee or the Paying Agent. Such payment shall be in money such coin or currency of the United States that of America as at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 1 contract
Sources: Indenture (Davis-Standard CORP)
Method of Payment. By at least 10:00 a.m. no later than 12:00 p.m. (New York City Eastern time) on the date on which any principal of and of, premium, if any, or interest interest, on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding January 15 and July 15 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Company maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 1 contract
Method of Payment. By at least 10:00 no later than 11:30 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest on any Note is due and payable, the Company shall Issuer will irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company Issuer will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 or 25, June 25, September 10 next 25 and December 25 immediately preceding the interest payment date even if Interest Payment Date unless Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment dateInterest Payment Date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company Issuer will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire the Paying Agent by the transfer of immediately available funds to the account accounts specified by the Depositary. The Depository Trust Company. Payments Issuer will make all payments in respect of Notes represented by a Definitive Notes Note (including principal, premium, if any, and interest) held through the Paying Agent by mailing a check to the registered address of each Holder thereof. PIK Interest will be considered paid on the date due if on such date the Trustee has received a written order, pursuant to Section 2.2 of at least U.S.$1,000,000 aggregate the Indenture, from the Issuer signed by an Officer of the Issuer to increase the balance of any Global Note to reflect such PIK Interest. In connection with the payment of PIK Interest in respect of the Notes, the Issuer will, without the consent of Holders (and without regard to any restrictions or limitations set forth under Section 3.3 of the Indenture), increase the outstanding principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)Global Notes.
Appears in 1 contract
Sources: Indenture (Leslie's, Inc.)
Method of Payment. By at least 10:00 a.m. (New York City time) The Company shall pay interest on the date on which any principal of Notes [and premium, Additional Interest,* if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest ] (except Defaulted Interestdefaulted interest) to the Persons who are in whose name this Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 April 15 or September 10 next October 15 immediately preceding the interest payment date Interest Payment Date, even if such Notes are cancelled, repurchased or redeemed canceled after the such record date and on or before such Interest Payment Date, except as provided in Section 1.14 of the Supplemental Indenture with respect to defaulted interest. [The Company shall pay † For Additional Notes, insert the date of the Registration Rights Agreement for those Additional Notes. * Not to be included for Exchange Notes. ‡ For Additional Notes, insert the appropriate interest payment datedate for those Additional Notes. Holders must surrender ** For Exchange Notes all Additional Interest, if any, on the same dates as interest on the Notes is payable and in the amounts set forth in the Registration Rights Agreement.]* The Notes shall be payable as to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public [and private debts. Except as described in the succeeding two sentences, the principal of and premiumAdditional Interest, if any, and interest on the Notes shall be payable ,]* at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenturepurpose; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments that (i) payments in respect of the Notes represented by a the Global Note Notes (including principal, premium, if any, and interestinterest [and Additional Interest, if any]) will shall be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust Company. Payments the Depositary with respect thereto; and (ii) payments in respect of the Notes represented by any Definitive Notes (including principal, premium, if any, and interestinterest [and Additional Interest, if any]) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will shall be made by wire transfer (subject (in the case of payments of principal or premium, if any) to surrender of such Note to such office or agency): (a) if the Holder thereof has specified a U.S. dollar account maintained by the payee such Holder with a bank located in the United States if for such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account purpose no later than 15 days immediately preceding the relevant due payment date for payment (or such other later date as the Trustee may accept in its discretion), by wire transfer of immediately available funds to such account so specified or (b) otherwise, at the option of the Company, by check mailed to the Holder of such Note at its address set forth in the Securities Register.
Appears in 1 contract
Sources: Supplemental Indenture (Laredo Petroleum Holdings, Inc.)
Method of Payment. By at least 10:00 a.m. Principal of, and interest [(New York City time) on the date on which any principal of and premiumincluding Additional Interest, if any)]* on, or interest on and any Additional Amounts due in respect of, this Note is due and payableshall be payable at the Corporate Trust Office, at the Company shall irrevocably deposit with offices of the Trustee and, subject to any fiscal or other laws and regulations applicable thereto, at the specified offices of any other Paying Agent money sufficient to pay such principal, premiumappointed by the Company. Payments of interest [(including Additional Interest, if any, and/or interest. The Company will pay interest (except Defaulted Interest) )]* and any Additional Amounts due in respect of each Note shall be made on each Interest Payment Date by the Paying Agents to the Persons who are Person in whose name such Note is registered Holders of Notes as shown on the Register at the close of business on March 1 and September 1 as the March 10 or September 10 case may be (each, a “Record Date”), next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterInterest Payment Date. Payments in respect of Notes represented by a Global each Note (including principal, premium, if any, and interest) will shall be made by wire transfer of immediately available funds U.S. Dollar check drawn on a bank in New York City and may be mailed to the account Holder of such Note at its address appearing in the Register. Upon written application by the Holder to the specified by The Depository Trust Company. Payments office of any Paying Agent not less than 10 days before the due date for any payment in respect of Notes represented by Definitive Notes (including principala Note, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will such payment may be made by wire transfer to a U.S. dollar Dollar account maintained by the payee with a bank in New York City. Notwithstanding the foregoing, payments in respect of Notes registered in the name of DTC or its nominee shall be effected in accordance with the Applicable Procedures. * Initial Notes only. The Company and the Guarantor shall make all payments on this Note exclusively in such coin or currency of the United States if such Holder elects of America as at the time of payment by wire transfer by giving written notice shall be legal tender for the payment of public and private debt. Except as provided in Section 2.8 of the Indenture, no fees or expenses shall be charged to the Trustee Holders in respect of such payments. If the Payment Date in respect of any Note is not a business day at the place in which it is presented for payment, the Holder thereof shall not be entitled to payment of the amount due until the next succeeding business day at such place and shall not be entitled to any further interest [(including Additional Interest)]* or other payment in respect of any such delay. If the Paying Agent to such effect designating such account no later than 15 days immediately preceding amount of principal or interest [(including Additional Interest, if any)]* and any Additional Amounts due on the relevant Notes is not paid in full, the Registrar shall annotate the Register with a record of the amount of principal or interest [(including Additional Interest and, if any),]* and any Additional Amounts due date for payment (or such other date as the Trustee may accept with respect thereto, in its discretion)fact paid, if any.
Appears in 1 contract
Sources: Indenture (Embraer S.A.)
Method of Payment. By at least 10:00 a.m. (New York City time) The Company shall pay interest on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest Notes (except Defaulted Interestdefaulted interest) to the Persons who are the registered Holders of Notes at the close of business on the March 10 or September 10 next Record Date immediately preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment datefor such interest. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company shall pay all owing hereunder in euros. With respect to payments in euros, if (i) a Holder of at least €1.0 million in aggregate principal amount of Notes has given wire transfer instructions to the Company and the Paying Agent in writing, (ii) the Paying Agent has received such written wire transfer instruction at least 15 days prior to the date of the relevant payment and (iii) for so long as the Notes are listed on the Luxembourg Stock Exchange, such holder has also provided such notice to the paying agent in Luxembourg, then the Company will pay principalall interest, premiumpremium and Additional Amounts, if any, and interest on that Holder’s Notes in money accordance with those instructions by wire transfer of same day funds to the United States that at Paying Agent who in turn will wire such funds to the time of payment is legal tender for payment of public and private debtsHolder hereof or to such other Person as the Holder hereof may in writing to the Paying Agent direct. Except as described in the succeeding two sentencesIn all other cases, the principal Company may elect to make payments of interest, premium and premiumAdditional Amounts, if any, and interest on a Holder’s Notes by check mailed to the Holders at their addresses set forth in the register of Holders. Payments on Notes shall will be payable at made through the office or agency of the Paying Agent and Registrar for the Notes unless the Company maintained elects to make interest payments by check as previously described. If payments are made through the Paying Agent, immediately available funds for such purpose in The City of New York, or at such other office or agency the payment of the Company as may be maintained for such purpose pursuant to Section 2.03 principal of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, and premium, if any), interest and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premiumAdditional Amounts, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes on this Note due on any interest payment date, Maturity Date, Redemption Date or other repurchase date will be made by wire transfer available to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to permit the Paying Agent to pay such effect designating funds to the Holders on such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)respective dates.
Appears in 1 contract
Sources: Euro Indenture (JSG Acquisitions I)
Method of Payment. By at least 10:00 a.m. (New York City time) The Issuer shall pay interest on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest 5.650% Series Notes (except Defaulted Interest) and Additional Interest, if any, to the Persons persons who are the registered Holders of Notes at the close of business on the March 10 or September 10 next October 1 and April 1 immediately preceding the Interest Payment Date. Any such interest payment date even if Notes not so punctually paid or duly provided for (“Defaulted Interest”) may be paid to the persons who are cancelled, repurchased or redeemed after registered Holders at the close of business on a special record date and for the payment of such Defaulted Interest, or in any other lawful manner not inconsistent with the requirements of any securities exchange on or before which such 5.650% Series Notes may then be listed if such manner of payment shall be deemed practicable by the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsTrustee, as more fully provided in the Indenture. The Company will Issuer shall pay principal, premium, if any, and interest and Additional Interest, if any, in money such coin or currency of the United States that of America as at the time of payment is shall be legal tender for payment of public and private debts. Except as described Payments in the succeeding two sentencesrespect of a Regulation S Temporary Global Note (including principal, the principal of and premium, if any, interest and interest on Additional Interest) will be made by wire transfer of immediately available funds to the Notes shall be payable at accounts specified by the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterDepositary. Payments in respect of 5.650% Series Notes represented by a Global Note in definitive form (including principal, premium, if any, and interest) will be made at the office or agency of the Issuer maintained for such purpose, which initially will be at the corporate trust office of the Trustee located at BNY Mellon Corporate Trust, US Corporate Client Service Management, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 12th Floor, Pittsburgh, Pennsylvania 15262, or, at the option of the Issuer, payment of interest or Additional Interest may be made by check mailed to the Holders on the relevant record date at their addresses set forth in the register of Holders maintained by the Registrar or at the option of the Holder, payment of interest on 5.650% Series Notes in definitive form will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar any account maintained by the payee with a bank in the United States if States, provided such Holder elects has requested such method of payment by and provided timely wire transfer by giving written notice instructions to the Trustee or the Paying Agent. The Holder must surrender this Note to a Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for collect payment (or such other date as the Trustee may accept in its discretion)of principal.
Appears in 1 contract
Sources: First Supplemental Indenture (Cheniere Energy, Inc.)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest on or Additional Interest, if any, on, any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interestinterest and Additional Interest, if any. The Company will pay interest (except Defaulted Interest) and Additional Interest, if any, to the Persons who are registered Holders of Notes at the close of business on the March 10 15 or September 10 15 next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premiumprincipal and interest and Additional Interest, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in If a Holder has given wire transfer instructions to the succeeding two sentencesCompany, the principal of Company will, or if the Company is not then the Paying Agent, the Company will cause the Paying Agent to, pay all principal, interest, Additional Interest, if any, and premium, if any, on that Holder’s Notes in accordance with the instructions; all other payments of the principal of (and premium, if any), interest and Additional Interest, if any, on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the Company, each installment of interest and Additional Interest, if any, may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interestinterest and Additional Interest, if any) will be made by wire the transfer of immediately available funds to the account accounts specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 1 contract
Sources: Indenture (Venoco, Inc.)
Method of Payment. By at least 10:00 a.m. no later than noon (New York City time) on the date on which any principal of and of, premium, if any, or interest on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premiumpremium and interest when due. Interest on any Note which is payable, if anyand is timely paid or duly provided for, and/or interest. The Company will pay interest (except Defaulted Interest) on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding May 1 or September 10 next preceding November 1, as applicable, at the interest payment date even if Notes are cancelled, repurchased office or redeemed after agency of the record date and on or before Issuer maintained for such purpose pursuant to Section 2.3 of the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 fifteen (15) days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 1 contract
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 [ ]or September 10 [ ] next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 1 contract
Sources: Indenture (Bunge N.A. Finance L.P.)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest interest, on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding June 1 or September 10 next preceding December 1, as applicable, at the interest payment date even if Notes are cancelled, repurchased office or redeemed after agency of the record date and on or before Issuer maintained for such purpose pursuant to Section 2.3 of the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the third to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar Dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 1 contract
Sources: Indenture (Skillz Inc.)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest on Cash Interest or Additional Interest, if any, on, any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interestCash Interest and Additional Interest, if any (and if a PIK Payment is being made, deliver the documentation necessary to increase the principal amount of the Notes or to issue PIK Notes). The Company will pay interest (except Defaulted Interest) and Additional Interest, if any, to the Persons who are registered Holders of Notes at the close of business on the March 10 February 1 or September 10 August 1 next preceding the interest payment date Interest Payment Date, even if Notes are cancelled, repurchased or redeemed after the record date Record Date and on or before the interest payment dateInterest Payment Date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premiumprincipal and Cash Interest and Additional Interest, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in If a Holder has given wire transfer instructions to the succeeding two sentencesCompany, the principal of Company will, or if the Company is not then the Paying Agent, the Company will cause the Paying Agent to, pay all principal, Cash Interest, Additional Interest, if any, and premium, if any, on that Holder’s Notes in accordance with the instructions; all other payments of the principal of (and interest premium, if any), Cash Interest and Additional Interest, if any, on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the Company, each installment of interest Cash Interest and Additional Interest, if any, may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interestCash Interest and Additional Interest, if any) will be made by wire the transfer of immediately available funds to the account accounts specified by The Depository Trust Company. Payments Except as provided in the immediately succeeding sentence and the definition of “Applicable Amount,” interest on the Notes shall be payable entirely in cash (such interest, “Cash Interest”) on the then outstanding principal amount of the Notes. For any Interest Period after the initial Interest Period and other than the Interest Period ending at Stated Maturity of the Notes, if the Applicable Amount (as defined below) as determined on the Determination Date (as defined below) for such Interest Period:
(i) is equal or exceeds 75%, but is less than 100%, of the aggregate amount of Cash Interest that would otherwise be due on the relevant Interest Payment Date, then the Company may, at its option, elect to pay interest on up to 25% of the then outstanding principal amount of the Notes by increasing the principal amount of the outstanding Notes or by issuing PIK Notes in a principal amount equal to such interest (“PIK Interest”), with the remainder paid in cash;
(ii) is equal or exceeds 50%, but is less than 75%, of the aggregate amount of Cash Interest that would otherwise be due on the relevant Interest Payment Date, then the Company may, at its option, elect to pay interest on up to 50% of the then outstanding principal amount of the Notes as PIK Interest, with the remainder paid in cash;
(iii) is equal or exceeds 25%, but is less than 50%, of the aggregate amount of Cash Interest that would otherwise be due on the relevant Interest Payment Date, then the Company may, at its option, elect to pay interest on up to 75% of the then outstanding principal amount of the Notes as PIK Interest, with the remainder paid in cash; or
(iv) is less than 25% of the aggregate amount of Cash Interest that would otherwise be due on the relevant Interest Payment Date, then the Company may, at its option, elect to pay interest on up to 100% of the then outstanding principal amount of the Notes as PIK Interest, with any remainder paid in cash. The insufficiency or lack of funds available to the Company to pay Cash Interest as required by the immediately preceding paragraph shall not permit the Company to pay PIK Interest in respect of Notes represented by Definitive Notes any Interest Period and the sole right of the Company to elect to pay PIK Interest shall be as (including principal, premium, if any, and interestto the extent) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank provided in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).paragraph. As used herein,
Appears in 1 contract
Sources: Indenture (DENVER PARENT Corp)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest interest, on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding April 15 and October 15 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuer maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 1 contract
Method of Payment. By at least 10:00 a.m. no later than noon (New York City time) on the date on which any principal of and of, premium, if any, or interest on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premiumpremium and interest when due. Interest on any Note which is payable, if anyand is timely paid or duly provided for, and/or interest. The Company will pay interest (except Defaulted Interest) on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding June 1 or September 10 next preceding December 1, as applicable, at the interest payment date even if Notes are cancelled, repurchased office or redeemed after agency of the record date and on or before Issuer maintained for such purpose pursuant to Section 2.3 of the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 fifteen (15) days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 1 contract
Method of Payment. By at least 10:00 a.m. no later than 12:00 p.m. (New York City Eastern time) on the date on which any principal of and of, premium, if any, or interest interest, on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding May 1 and November 1 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Company maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 1 contract
Method of Payment. By at least 10:00 a.m. (New York City time) local time in any Place of Payment on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest (except Defaulted Interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 or September 10 Record Date next preceding the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date Record Date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal payments. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New YorkLondon, United Kingdom, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Whilst any Notes are represented by a Global Note (including principalNote, premiumall payments due in respect of the Notes shall be made to, if anyor to the order of, the holder of the Global Note, subject to and in accordance with the provisions of the Global Note, and interest) each payment so made will discharge the Company’s obligations in respect thereof. On the occasion of each payment, the Paying Agent shall procure that the amount so paid shall be made by wire transfer entered pro rata in the records of immediately available funds the relevant Clearing Systems but any failure to make such entries shall not affect the account specified by The Depository Trust Companydischarge referred to in the previous sentence. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 [ ] aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar Euro account maintained by the payee with a branch of a designated bank in the United States European Union if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). All payments of interest and principal on the Notes, including payments made upon any redemption of the Notes, will be made in Euros. If the Euro is unavailable to the Company due to the imposition of exchange controls or other circumstances beyond the Company’s control or if the Euro is no longer being used by the then member states of the European Economic and Monetary Union that have adopted the Euro as their currency or for the settlement of transactions by public institutions of or within the international banking community, then all payments in respect of the Notes shall be made in U.S. dollars until the Euro is again available to the Company or so used. The amount payable on any date in Euros shall be converted into U.S. dollars on the basis of the most recently available Market Exchange Rate for Euros. The Market Exchange Rate most recently available on, or prior to, the second Business Day before the relevant determination date will be the basis for determining the equivalent of Euro in the currency of the United States of America for any purpose under the Indenture. Any payment in respect of such Notes so made in U.S. dollars shall not constitute an Event of Default under the Notes or the Indenture. Neither the Trustee nor the Paying Agent shall have any responsibility for obtaining exchange rates, effecting conversions or otherwise handling redenominations.
Appears in 1 contract
Method of Payment. By at least no later than 10:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest interest, if any, on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyand interest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding January 1 and July 1 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuer maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the Corporate Trust Office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest, if any) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest, if any) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 1 contract
Method of Payment. By at least 10:00 a.m. (New York City time) The Issuers shall pay interest on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest Notes (except Defaulted Interestdefaulted interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 1 or September 10 next 1 immediately preceding the interest payment date Interest Payment Date, even if such Notes are cancelled, repurchased or redeemed canceled after the such record date and on or before such Interest Payment Date, except as provided in Section 2.12 of the interest payment date. Holders must surrender Notes Indenture with respect to a Paying Agent to collect principal paymentsdefaulted interest. The Company will Notes shall be issued in denominations of $2,000 and integral multiples of $1,000 in excess thereof. The Issuers shall pay principalthe principal of, premium, if any, and interest on the Notes in money such coin or currency of the United States that of America as at the time of payment is legal tender for payment of public and private debtsdebts (“U.S. Legal Tender”). Except as described in the succeeding two sentencesThe principal of, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company Issuers maintained for such purpose in the Borough of Manhattan, The City of New York, State of New York, or at such other office or agency of the Company Issuers as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the CompanyIssuers, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Registerregistry maintained by the Registrar or (ii) wire transfer to an account located in the United States maintained by the payee. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will shall be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyDTC. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will shall be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days three Business Days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion).
Appears in 1 contract
Sources: Indenture (Warner Chilcott PLC)
Method of Payment. By at least 10:00 a.m. (New York City time) The Company shall pay interest on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest Securities ----------------- (except Defaulted Interestdefaulted interest) to the Persons who are the registered Holders at the close of business on the Record Date immediately preceding the Interest Payment Date. Any such interest not so punctually paid, and defaulted interest relating thereto, may be paid to the Persons who are registered Holders of Notes at the close of business on a Special Record Date for the March 10 or September 10 next preceding payment of such defaulted interest, as more fully provided in the interest payment date even if Notes are cancelled, repurchased or redeemed after the record date and on or before the interest payment dateIndenture referred to below. Holders must surrender Notes Securities to a Paying Agent to collect principal payments. The Except as provided below, the Company will shall pay principal, premium, if any, principal and interest in money such coin or currency of the United States that of America as at the time of payment is shall be legal tender for payment of public and private debtsdebts ("U.S. Legal Tender"). Except The Securities will be payable as described in the succeeding two sentencesto principal, the principal of and premium, interest and ____________________________ /1/ This paragraph should only be added if any, and interest on the Notes shall Security is issued in global form. /2/ This paragraph should be payable included only for Transfer Restricted Securities. Liquidated Damages at the office or agency of the Company maintained for such purpose in The City of within or without New York, New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment payment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, interest and interest) will Liquidated Damages, if any, may be made by check mailed to the Holders at their addresses set forth in the registry of Holders, and provided that, upon the request of The Depository Trust Company, a New York corporation (the "Depositary"), payment by wire transfer to an account within the United States of immediately available funds will be required with respect to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principalprincipal of, premium, if any, and interest) interest on and Liquidated Damages, if any, with respect to Global Securities and all other Securities held of record by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by the Depositary, or its nominee, if the Depositary shall have provided wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice instructions to the Trustee Company or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)Agent.
Appears in 1 contract
Method of Payment. By at least 10:00 a.m. (New York City time) on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest on the Notes (except Defaulted Interestdefaulted interest) to the Persons who are registered Holders of Notes at the close of business on the March 10 [ ] or September 10 next [ ] immediately preceding the interest payment date Interest Payment Date, even if such Notes are cancelled, repurchased or redeemed canceled after the such record date and on or before such Interest Payment Date, except as provided in Section 2.12 of the interest payment date. Holders must surrender Notes Indenture with respect to a Paying Agent to collect principal paymentsdefaulted interest. The Company Notes will pay be payable as to principal, premium, if any, and interest at the office or agency of the Company maintained for such purpose, or, at the option of the Paying Agent, payment of interest may be made, at the option of the Company on each Interest Payment Date (except for interest payable as a portion of a redemption price or purchase price or made on the final maturity date, each of which will be paid in money cash), either (i) by notifying the Trustee in writing, no later than the record date for such interest payment, of its intention to pay such interest (“PIK Interest”) pursuant to this clause (i) , stating the amount of such interest due, and providing for such interest by: (A) with respect to Global Notes, increasing the principal amount of such Global Notes by the amount of interest payable on such interest payment date; and (B) with respect to Definitive Notes, issuing Additional Notes (“Definitive PIK Notes”) with a principal amount equal to the amount of interest payable on such interest payment date (which Definitive PIK Notes shall be issued and authenticated in accordance with the procedures set forth in Section 2.02 of the Indenture); or (ii) in cash or by check mailed to the Holders at their addresses set forth in the register of Holders; provided that in the event the Company elects to pay interest in cash, payment by wire transfer of immediately available funds will be required with respect to principal of and interest and premium, if any, on, all Global Notes and all other Notes the Holders of which will have provided wire transfer instructions to the Company or the Paying Agent. Any cash payment on the Notes will be in such coin or currency of the United States that of America as at the time of payment is legal tender for payment of public and private debts. Except Payment of interest for the first interest period and all successive interest periods will be made as described PIK Interest, unless and until the Company elects otherwise in accordance with the succeeding two sentencesNotes and Section 2.01(a)(1) of the Indenture. In the absence of an election to pay PIK Interest or cash interest, the principal of and premium, if any, and interest on the Notes shall will be payable at in the office or agency same form as was elected for the immediately preceding interest period. Calculations of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) PIK Interest will be made by wire transfer of immediately available funds the Company and will be rounded to the account specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)nearest whole cent.
Appears in 1 contract
Method of Payment. By at least no later than 10:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest (including Additional Amounts, if any) on any Note is due and payable, the Company Issuers shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premiumpremium and interest (including Additional Amounts, if any) when due. Interest (including Additional Amounts, and/or interest. The Company will pay interest (except Defaulted Interestif any) on any Note which is payable, and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding May 1 and November 1 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuers maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest (including Additional Amounts, if any) on the Notes shall be payable at the office or agency of the Company Paying Agent or Registrar designated by the Issuers maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuers as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interestinterest (including Additional Amounts, if any)) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interestinterest (including Additional Amounts, if any)) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)3 In the case of Notes issued on the Issue Date.
Appears in 1 contract
Sources: Indenture (Restaurant Brands International Limited Partnership)
Method of Payment. By at least 10:00 no later than 11:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest interest, on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, if anyinterest when due. Interest on any Note which is payable, and/or interest. The Company will pay interest (except Defaulted Interest) and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding [February 1 and August 1] at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuer maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Trustee maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the CompanyPaying Agent, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) wire transfer to an account located in the United States maintained by the payee, subject to the third to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust CompanyCompany or any successor depository. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 $1,000,000 aggregate principal amount of Notes represented by Definitive Notes will be made in accordance with the Notes Register, or by wire transfer to a U.S. dollar Dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion). If an Interest Payment Date is a Legal Holiday, payment shall be made on the next succeeding day that is not a Legal Holiday, and no interest shall accrue for the intervening period. If a regular record date is a Legal Holiday, the record date shall not be affected.
Appears in 1 contract
Method of Payment. By at least no later than 10:00 a.m. (New York City time) on the date on which any principal of and of, premium, if any, or interest on any Note is due and payable, the Company Issuers shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premiumpremium or interest when due. Interest on any Note which is payable, if anyand is timely paid or duly provided for, and/or interest. The Company will pay on any interest (except Defaulted Interest) payment date shall be paid to the Persons who are Person in whose name such Note (or one or more Predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding May 1 and November 1 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuers maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principalprincipal of, premium, if any, premium and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premiumSpecial Interest, if any, and interest on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuers maintained for such purpose in the Borough of Manhattan, The City of New YorkYork (which shall initially be the office of the Trustee maintained for such purpose), or at such other office or agency of the Company Issuers as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid (i) at the option of the Issuers, by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note RegisterNotes Register or (ii) if a Holder has given wire transfer instructions to the Issuers by giving written notice to the Trustee or the Paying Agent to such effect designating such wire instructions and account no later than fifteen (15) days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion), by wire transfer to an account located in the United States maintained by the payee, subject to the last sentence of this paragraph. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust Company. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held by a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee Company or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)any successor depository.
Appears in 1 contract
Sources: Indenture (Northern Tier Energy LLC)
Method of Payment. By at least 10:00 a.m. (New York City time) on no later than one Business Day prior to the date on which any principal of and of, premium, if any, or interest and Additional Interest, if any, on any Note is due and payable, the Company Issuer shall irrevocably deposit with the Trustee or the Paying Agent money a sum sufficient in immediately available funds to pay such principal, premium, interest (including Additional Interest, if any) when due. Interest and Additional Interest, if any, and/or interest. The Company will pay interest (except Defaulted Interest) on any Note which is payable, and is timely paid or duly provided for, on any Interest Payment Date shall be paid to the Persons who are Person in whose name such Note (or one or more predecessor Notes) is registered Holders of Notes at the close of business on the March 10 preceding April 15 and October 15 at the office or September 10 next preceding agency of the interest payment date even if Notes are cancelled, repurchased or redeemed after Issuer maintained for such purpose pursuant to Section 2.3 of the record date and on or before the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsIndenture. The Company will pay principal, premium, if any, and interest in money of the United States that at the time of payment is legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of (and premium, if any, ) and interest and Additional Interest, if any, on the Notes shall be payable at the office or agency of Paying Agent or Registrar designated by the Company Issuer maintained for such purpose in The City (which shall initially be the office of New Yorkthe Agent maintained for such purpose), or at such other office or agency of the Company Issuer as may be maintained for such purpose pursuant to Section 2.03 2.3 of the Indenture; provided, however, thatthat each installment of interest and Additional Interest, if any, may be paid at the option of the CompanyPaying Agent, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Notes Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, interest and interestAdditional Interest, if any) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust Companythe Common Depositary. Payments in respect of Notes represented by Definitive Notes (including principalIf an Interest Payment Date is a Legal Holiday, premium, if anypayment shall be made on the next succeeding day that is not a Legal Holiday, and interest) held by no interest shall accrue for the intervening period. If a Holder of at least U.S.$1,000,000 aggregate principal amount of Notes will regular record date is a Legal Holiday, the record date shall not be made by wire transfer to a U.S. dollar account maintained by the payee with a bank in the United States if such Holder elects payment by wire transfer by giving written notice to the Trustee or the Paying Agent to such effect designating such account no later than 15 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its discretion)affected.
Appears in 1 contract
Sources: Indenture (Primo Water Corp /CN/)
Method of Payment. By at least 10:00 a.m. (New York City time) The Company shall pay interest on the date on which any principal of and premium, if any, or interest on any Note is due and payable, the Company shall irrevocably deposit with the Trustee or the Paying Agent money sufficient to pay such principal, premium, if any, and/or interest. The Company will pay interest Notes (except Defaulted Interest) to the Persons persons who are the registered Holders of Notes at the close of business on the March 10 or September 10 next Regular Record Date immediately preceding the Interest Payment Date. Any such interest payment date even if Notes not so punctually paid or duly provided for (“Defaulted Interest”) may be paid to the persons who are cancelled, repurchased or redeemed after registered Holders at the close of business on a special record date and for the payment of such Defaulted Interest, or in any other lawful manner not inconsistent with the requirements of any securities exchange on or before which such Notes may then be listed if such manner of payment shall be deemed practicable by the interest payment date. Holders must surrender Notes to a Paying Agent to collect principal paymentsTrustee, as more fully provided in the Indenture. The Company will shall pay principal, premium, if any, and interest in money such coin or currency of the United States that of America as at the time of payment is shall be legal tender for payment of public and private debts. Except as described in the succeeding two sentences, the principal of and premium, if any, and interest on the Notes shall be payable at the office or agency of the Company maintained for such purpose in The City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.03 of the Indenture; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Note Register. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the account accounts specified by The Depository Trust Companythe Depositary. Payments in respect of Notes represented by Definitive Notes (including principal, premium, if any, and interest) held will be made at the office or agency of the Company maintained for such purpose in New York, New York, which initially will be at the corporate trust office of the Trustee located at ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Corporate Trust, or, at the option of the Company, payment of interest may be made by a Holder check mailed to the Holders on the relevant record date at their addresses set forth in the register of Holders maintained by the Registrar or at least U.S.$1,000,000 aggregate principal amount the option of the Holder, payment of interest on Definitive Notes will be made by wire transfer of immediately available funds to a U.S. dollar any account maintained by the payee with a bank in the United States if States, provided such Holder elects has requested such method of payment by on or prior to the applicable record date and provided timely wire transfer by giving written notice instructions to the Trustee or the Paying Agent paying agent. The Holder must surrender this Note to such effect designating such account no later than 15 days immediately preceding the relevant due date for a paying agent to collect payment (or such other date as the Trustee may accept in its discretion)of principal.
Appears in 1 contract