Common use of Notice of Extension Clause in Contracts

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 12 contracts

Sources: First Supplemental Indenture (First Merchants Capital Trust I), First Supplemental Indenture (First Merchants Corp), Indenture (Independent Bank Corp)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other any applicable self-regulatory organization or to holders of the Trust Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other any applicable self-regulatory organization organization, if any, or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 7 contracts

Sources: Indenture (San Rafael Bancorp), Indenture (Alabama National Bancorporation), Indenture (Florida Banks Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 7 contracts

Sources: Indenture (1st Source Capital Trust Ii), Indenture (Independent Capital Trust), Indenture (1st Source Capital Trust Ii)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record date or payment date of such interest payment the Interest Payment Date to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 6 contracts

Sources: First Supplemental Indenture (Municipal Mortgage & Equity LLC), Second Supplemental Indenture (Fleet Capital Trust Vii), Fourth Supplemental Indenture (Fleetboston Financial Corp)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The Nasdaq Stock Market's National Market or of other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Minimum Extended Interest Payment Period permitted under Section 4.1.

Appears in 5 contracts

Sources: Indenture (Pennfirst Capital Trust I), Indenture (Pittsburgh Home Capital Trust I), Indenture (Pennfed Capital Trust I)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (ia) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (iib) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The Nasdaq National Market the New York Stock Exchange or other applicable self-self- regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures Notes and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the DebenturesNotes. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 5 contracts

Sources: Second Supplemental Indenture (Great Western Financial Trust I /De/), Second Supplemental Indenture (Great Western Financial Trust I /De/), Third Supplemental Indenture (Great Western Financial Trust Iii)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 5 contracts

Sources: First Supplemental Indenture (Cendant Corp), First Supplemental Indenture (Conseco Financing Trust Vii), First Supplemental Indenture (Cendant Capital V)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company Issuer selects an Extended Interest Payment Period, the Company Issuer shall give written notice to the Administrative TrusteesTrustee, the Property Trustee Regular Trustees and the Property Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is Regular Trustees, on behalf of the Trust, are required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by (or any national securities exchange or self-regulatory organization on which the Trust, but in any event at least one Business Day before such record datePreferred Securities are listed). (b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company Issuer selects an Extended Interest Payment Period, the Company Issuer shall give the holders Trustee, the Property Trustee and the Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company Issuer is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 5 contracts

Sources: Fourth Supplemental Indenture (Conseco Inc), Supplemental Indenture (Motorola Inc), Supplemental Indenture (Conseco Inc)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 5 contracts

Sources: First Supplemental Indenture (Citicorp), Fourth Supplemental Indenture (MCN Energy Group Inc), Supplemental Indenture (NSP Financing Ii)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to both the Administrative Trustees, Regular Trustees and the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the payment date for such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the TrustSecurities, but in any event at least one Business Day before such record date. The Regular Trustees shall give notice of the Company's selection of such Extended Interest Payment Period to the holders of the Preferred Securities. (b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten (10) Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 twenty quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 4 contracts

Sources: First Supplemental Indenture (Circus Finance Ii), First Supplemental Indenture (Circus Finance Ii), First Supplemental Indenture (Circus Finance Ii)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The the Capital Securities holders or to the Nasdaq National Market or other applicable self-self regulatory organization or to holders of the Preferred Securities issued by the Trustorganization, if any, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Junior Subordinated Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The the Holders of the Junior Subordinated Debentures or to the Nasdaq National Market or other applicable self-self regulatory organization or to holders of the Debenturesorganization, if any. (c) The quarter in which any notice is given pursuant to paragraphs paragraph (a) or paragraph (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 4 contracts

Sources: Subordinated Indenture (Community First Bankshares Inc), Subordinated Indenture (Community First Bankshares Inc), Subordinated Indenture (Community First Bankshares Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects Corporation elects to commence an Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Trustees, the Property Trustee and the Debenture Trustee of its selection of election to commence such Extended Interest Payment Period two at least five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are would have been payable; or , and (ii) the date the Trust Property Trustee is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Securities issued by the TrustCapital Securities, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects Corporation elects to commence an Extended Interest Payment Period, the Company Corporation shall give the holders of the Debentures Securities and the Debenture Trustee written notice of its selection election of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; or , and (ii) the date the Company Debenture Trustee is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange. (c) The quarter quarterly period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters quarterly periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. Wilmington Trust Company hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 4 contracts

Sources: Indenture (Westbank Capital Trust I), Indenture (Hamilton Capital Trust I), Indenture (Greater Bay Bancorp)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to both the Administrative Trustees, Regular Trustees and the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the payment date for such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Subordinated Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten (10) Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Subordinated Debentures, but in any event at least two Business Days before such record date. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 twenty quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 4 contracts

Sources: Indenture (Kansas City Power & Light Co), Second Supplemental Indenture (TDS Capital Ii), Indenture (Telephone & Data Systems Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to both the Administrative Trustees, Regular Trustees and the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the payment date for such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the TrustSecurities, but in any event at least one Business Day before such record date. The Regular Trustees shall give notice of the Company's selection of such Extended Interest Payment Period to the holders of the Preferred Securities. (b) If the Property Trustee is not the only holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures Notes and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten (10) Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-self- regulatory organization or to holders Holders of the DebenturesNotes. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 twenty quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 3 contracts

Sources: Third Supplemental Indenture (Coastal Corp), Second Supplemental Indenture (Coastal Corp), First Supplemental Indenture (Coastal Corp)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures, but in any event at least two business days prior to the record date. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 3 contracts

Sources: First Supplemental Indenture (Oge Energy Capital Trust Ii), First Supplemental Indenture (Oge Energy Capital Trust I), First Supplemental Indenture (Oge Energy Capital Trust Ii)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 3 contracts

Sources: Second Supplemental Indenture (Fleet Financial Group Inc), Third Supplemental Indenture (Fleet Financial Group Inc), Fourth Supplemental Indenture (Fleet Financial Group Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to both the Administrative Trustees, Regular Trustees and the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the payment date for such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the TrustSecurities, but in any event at least one Business Day before such record date. The Regular Trustees shall give notice of the Company's selection of such Extended Interest Payment Period to the holders of the Preferred Securities. (b) If the Property Trustee is not the only holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures Notes and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten (10) Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the DebenturesNotes. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 twenty quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 3 contracts

Sources: First Supplemental Indenture (Xl Capital LTD), First Supplemental Indenture (Delphi Financial Group Inc/De), First Supplemental Indenture (Xl Capital LTD)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Extension Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Extension Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The the Nasdaq National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Extension Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Extension Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The the Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Extension Period permitted under Section 4.1.

Appears in 3 contracts

Sources: Indenture (Team Financial Capital Trust I), Indenture (Matrix Bancorp Capital Trust I), Indenture (Matrix Bancorp Capital Trust I)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Minimum Extended Interest Payment Period permitted under Section 4.1.

Appears in 3 contracts

Sources: Indenture (Bankunited Capital Ii), Indenture (Bankunited Capital Iii), Indenture (Bankunited Capital Ii)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder Holder of the Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Subordinated Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Subordinated Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 3 contracts

Sources: Second Supplemental Indenture (Northwestern Capital Financing I), Fourth Supplemental Indenture (Northwestern Corp), Third Supplemental Indenture (Northwestern Corp)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) if the Debentures are then listed on the Nasdaq National Market or other national securities exchange, the date the Trust Company is required to give notice of the record date, or the date such Distributions are payable, payable to The Nasdaq National Market or other applicable self-regulatory such organization or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two not later than the tenth Business Days before the earlier of (i) Day prior to the next succeeding Interest Payment Date; provided that if the Debentures are then listed on the Nasdaq National Market or (ii) the date other national securities exchange and the Company is required to give notice of the record date or payment date of the Interest Payment Date to such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders Holders of the DebenturesDebentures prior to such date, the Company shall give notice of its election at least one Business Day prior to the date it is required to give such notice of the record date. (c) The quarter quarterly period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters quarterly periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 3 contracts

Sources: Supplemental Indenture (First Merchants Corp), Supplemental Indenture (Superior Bancorp), Supplemental Indenture (Popular Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative TrusteesTrustee, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Preferred Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 3 contracts

Sources: Indenture (Public Service Co of Colorado), First Supplemental Indenture (Baltimore Gas & Electric Co), Supplemental Indenture (Public Service Co of Colorado)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures Notes at the time the Company selects Issuer elects an Extended Interest Payment Period, the Company Issuer shall give written notice to the Administrative Regular Trustees, the Property Trustee and the Trustee of its selection election of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the TrustSecurities, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder Holder of the Debentures Notes at the time the Company selects Issuer elects an Extended Interest Payment Period, the Company Issuer shall give the holders Holders of the Debentures Notes and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company Issuer is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the DebenturesNotes, but in any event at least 2 Business Days before such record date. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 3 contracts

Sources: Third Supplemental Indenture (Consumers Energy Co Financing Iv), Indenture (CMS Energy Corp), Supplemental Indenture (Consumers Energy Co Financing Ii)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection election of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 3 contracts

Sources: Indenture (Southwest Bancorp Inc), Indenture (Southwest Bancorp Inc), Indenture (Sbi Capital Trust)

Notice of Extension. (a) If the Property Trustee is the only registered holder Registered Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq the Preferred Securities holders or to the NASDAQ National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trustorganization, if any, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Junior Subordinated Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq the Holders of the Junior Subordinated Debentures or to the NASDAQ National Market or other applicable self-regulatory organization or to holders of the Debenturesorganization, if any. (c) The quarter in which any notice is given pursuant to paragraphs paragraph (a) or paragraph (b) of this Section 4.2 4.02 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.14.01.

Appears in 3 contracts

Sources: Subordinated Indenture (Flagstar Trust), Subordinated Indenture (Ebh Capital Trust I), Subordinated Indenture (Ebh Capital Trust I)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give written notice to the Trustee, the Administrative Trustees, the Property Trustee and the Institutional Trustee of its selection election of such Extended Interest Payment Period two at least one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other any applicable self-regulatory organization or to holders of the Preferred Securities issued by the TrustCapital Securities, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other any applicable self-regulatory organization or to holders of the Debentures. (c) The quarter semi-annual interest payment period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters 10 semi-annual interest payment periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 2 contracts

Sources: First Supplemental Indenture (Arvin Capital I), Supplemental Indenture (Arvin Industries Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market Market/SM/ or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market Market/SM/ or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 2 contracts

Sources: Indenture (Wintrust Capital Trust I), Indenture (Wintrust Capital Trust I)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 3.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.13.1.

Appears in 2 contracts

Sources: First Supplemental Indenture (American Heritage Life Investment Corp), First Supplemental Indenture (Owens Corning Capital Ii)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 5.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.15.1.

Appears in 2 contracts

Sources: Indenture (Greater Atlantic Financial Corp), Indenture (American Bank Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two not less than one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the American Stock Exchange Inc. (AMEX) or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the American Stock Exchange (AMEX) or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 2 contracts

Sources: Indenture (Franklin Capital Trust I), Indenture (Eagle Bancshares Inc)

Notice of Extension. (a) If the Property Institutional Trustee or the Collateral Agent is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Trustee Institutional Trustee, the Collateral Agent, and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee or the Collateral Agent is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 3.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.13.1.

Appears in 2 contracts

Sources: Third Supplemental Indenture (MCN Corp), Third Supplemental Indenture (MCN Financing Iv)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures of any series at the time the Company selects elects to commence an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of election to commence such Extended Interest Payment Period two at least five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are would have been payable; or , and (ii) the date the Trust Property Trustee is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Securities issued by the TrustSecurities, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder of the Debentures of such series at the time the Company selects elects to commence an Extended Interest Payment Period, the Company shall give the holders of the Debentures of such series and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; or , and (ii) the date the Company Trustee is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange. (c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. Wilmington Trust Company hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 2 contracts

Sources: Indenture (New York Community Bancorp Inc), Indenture (New York Community Bancorp Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding date on which Distributions (as such term is defined in the Trust Agreement) on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The the Nasdaq National Market or other applicable self-self regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company Corporation is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debentures, but in any event at least one Business Day before such record date. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Minimum Extended Interest Payment Period permitted under Section 4.1.

Appears in 2 contracts

Sources: Indenture (Southern Community Financial Corp), Indenture (Southern Community Financial Corp)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) if the Debentures are then listed on the Nasdaq National Market or other similar self-regulatory organization, the date the Trust Company is required to give notice of the record date, or the date such Distributions are payable, payable to The Nasdaq National Market or other applicable self-regulatory such organization or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) if the Debentures are then listed on the Nasdaq National Market or other similar self-regulatory organization, the date the Company is required to give notice of the record date or payment date of the Interest Payment Date to such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders Holders of the Debentures. (c) The quarter month in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters 60 months permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 2 contracts

Sources: Second Supplemental Indenture (Popular Inc), Supplemental Indenture (Popular Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market Market(SM) or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market Market(SM) or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 2 contracts

Sources: Indenture (Private Bancorp Capital Trust I), Indenture (Private Bancorp Capital Trust I)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company selects Issuer elects an Extended Interest Payment Period, the Company Issuer shall give written notice to the Administrative Regular Trustees, the Property Trustee and the Trustee of its selection election of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the TrustSecurities, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company selects Issuer elects an Extended Interest Payment Period, the Company Issuer shall give the holders Holders of the Debentures and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company Issuer is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures, but in any event at least 2 Business Days before such record date. (c) The quarter in which any notice is given pursuant to paragraphs paragraph (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 2 contracts

Sources: First Supplemental Indenture (Puget Sound Energy Inc), First Supplemental Indenture (Laclede Capital Trust I)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two at least one Business Days Day before the earlier of (i) the next succeeding date on which Distributions (as such term is defined in the Trust Agreement) on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The Nasdaq National Market or other applicable self-regulatory organization or to the holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company Corporation is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debentures, but in any event at least one Business Day before such record date. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Minimum Extended Interest Payment Period permitted under Section 4.1.

Appears in 2 contracts

Sources: Indenture (American Community Bancshares Inc), Indenture (Carolina Bank Holdings Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the HUBCO Capital Trust are payable; , or (ii) the date the HUBCO Capital Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the HUBCO Capital Trust, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange. (c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. The Bank of New York hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 2 contracts

Sources: Indenture (Hubco Inc), Indenture (Hubco Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Trustee, the Delaware Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (ia) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (iib) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures Notes and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record Regular Record Date or payment date Interest Payment Date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-self- regulatory organization or to holders Holders of the DebenturesNotes. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 2 contracts

Sources: First Supplemental Indenture (Reliastar Financing V), Second Supplemental Indenture (Reliastar Financing Ii)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the American Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the American Stock Exchange or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 2 contracts

Sources: Indenture (Heartland Financial Capital Trust I), Indenture (Quad City Holdings Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 2 contracts

Sources: Supplemental Indenture (Allstate Corp), Supplemental Indenture (Allstate Financing Vi)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Extension Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Extension Period at least two (2) Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The the New York Stock Exchange or other applicable exchange or the Nasdaq National Market or other applicable self-regulatory organization comparable trading system or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Extension Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Extension Period at least two (2) Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The the New York Stock Exchange or other applicable exchange or the Nasdaq National Market or other applicable self-regulatory organization comparable trading system or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 twenty (20) quarters permitted in the maximum Extended Interest Payment Extension Period permitted under Section 4.1.

Appears in 2 contracts

Sources: Indenture (Stifel Financial Corp), Indenture (Stifel Financial Corp)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Securities issued by the Trust, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two five Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange. (c) The quarter quarterly period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters quarterly periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. The Bank of New York hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 2 contracts

Sources: Indenture (Coastal Capital Trust I), Indenture (Independent Capital Trust I)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Minimum Extended Interest Payment Period permitted under Section 4.1.

Appears in 2 contracts

Sources: Indenture (Bankatlantic Bancorp Inc), Indenture (Bankunited Capital Iii)

Notice of Extension. (a) If the Property Trustee is the only registered holder Registered Holder of the Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq the Preferred Securities holders or to the NASDAQ National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trustorganization, if any, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder Holder of the Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Subordinated Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq the Holders of the Subordinated Debentures or to the NASDAQ National Market or other applicable self-regulatory organization or to holders of the Debenturesorganization, if any. (c) The quarter in which any notice is given pursuant to paragraphs paragraph (a) or paragraph (b) of this Section 4.2 4.02 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.14.01.

Appears in 2 contracts

Sources: Subordinated Indenture (Bank of the Ozarks Inc), Subordinated Indenture (Ozark Capital Trust)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the AGL Capital Trust III are payable; , or (ii) the date the AGL Capital Trust III is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Trust Preferred Securities issued by the TrustAGL Capital Trust III, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two five Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01.

Appears in 1 contract

Sources: Indenture (Agl Capital Trust Iii)

Notice of Extension. (a) If the Property Trustee is the only registered holder of a series of the Debentures Debt Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The New York Stock Exchange, Inc., Nasdaq National Market or other applicable national exchange or self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures Debt Securities of a series at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures such Debt Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The New York Stock Exchange, Nasdaq National Market or other applicable national exchange or self-regulatory organization or to holders of the DebenturesDebt Securities. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 18.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.118.1.

Appears in 1 contract

Sources: Junior Subordinated Indenture (Reinsurance Group of America Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give written notice to the the Administrative Trustees, Trustees and the Property Trustee and the Trustee of its selection election of such Extended Interest Payment Period two at least one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or any other applicable self-regulatory organization or to holders of the Trust Preferred Securities issued by the TrustSecurities, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other any applicable self-regulatory organization or to holders of the Debentures, but in any event at least two Business Days before such record date. (c) The quarter quarterly interest payment period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 consecutive calendar quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Supplemental Indenture (WPSR Capital Trust I)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the AGL Capital Trust are payable; , or (ii) the date the AGL Capital Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the AGL Capital Trust, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange. (c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. Trustee hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 1 contract

Sources: Indenture (Agl Resources Inc)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder of the Debentures at the time the Company selects opts to initiate an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection initiation of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions distributions are payable, to The Nasdaq National Market any national securities exchange or other organization on which the Capital Securities are then listed or other applicable self-self- regulatory organization or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one Business Day before such record dateeach case with respect to distributions on the Trust Securities the payment of which is being deferred. (b) If the Property Institutional Trustee is not the only holder of the Debentures at the time the Company selects opts to initiate an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection initiation of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debentures.at (c) The quarter semiannual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters 10 semiannual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: First Supplemental Indenture (Countrywide Capital Ii)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Trustees, the Property Trustee and the Debenture Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give the holders of the Debentures Securities and the Debenture Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company Corporation is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange. (c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. Wilmington Trust Company hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 1 contract

Sources: Indenture (Webster Capital Trust Ii)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects Corporation elects to commence an Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Trustees, the Property Trustee and the Debenture Trustee of its selection of election to commence such Extended Interest Payment Period two at least five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are would have been payable; or , and (ii) the date the Trust Property Trustee is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market any national securities exchange or other applicable self-regulatory organization automated quotation system or to holders of the Preferred Securities issued by the TrustSecurities, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects Corporation elects to commence an Extended Interest Payment Period, the Company Corporation shall give the holders of the Debentures Securities and the Debenture Trustee written notice of its selection election of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; or , and (ii) the date the Company Debenture Trustee is required to give 66 notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange. (c) The quarter quarterly period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.2 shall be counted as one of the 20 quarters quarterly periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.1. The Bank of New York hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 1 contract

Sources: Indenture (Valley National Bancorp)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: First Supplemental Indenture (Textron Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The the Nasdaq National Market or other applicable self-regulatory organization or to holders of the Trust Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The the Nasdaq National Market or other applicable self-self- regulatory organization organization, if any, or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Indenture (Paradigm Capital Trust Ii)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-self- regulatory organization or to holders Holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Second Supplemental Indenture (Fleet Capital Trust I)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Indenture (Ifc Capital Trust Vi)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures Notes at the time the Company selects Issuer elects an Extended Interest Payment Period, the Company Issuer shall give written notice to the Administrative Regular Trustees, the Property Trustee and the Trustee of its selection election of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the TrustSecurities, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder Holder of the Debentures Notes at the time the Company selects Issuer elects an Extended Interest Payment Period, the Company Issuer shall give the holders Holders of the Debentures Notes and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two one Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company Issuer is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the DebenturesNotes. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Supplemental Indenture (CMS Energy Corp)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Indenture (Rbi Capital Trust I)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder sole Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Convertible Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the Regular Trustees and the Institutional Trustee notice of its selection of such Extended Interest Payment Period one Business Day prior to the earlier of (i) the next succeeding date Distributions on the Trust Securities are payable, or (ii) the date the Regular Trustees are required to give notice to the New York Stock Exchange (or other applicable self-regulatory organization) or to the holders of the Trust Securities of the record date or the date such Distribution is payable. (b) If the Institutional Trustee is not the only Holder of the Convertible Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the Holders of the Convertible Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before prior to the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date upon which the Company is required to give notice to the New York Stock Exchange or other applicable self- regulatory organization or to Holders of the Convertible Debentures of the record or payment date of such related interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturespayment. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: First Supplemental Indenture (CNF Transportation Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market Market/sm/ or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market Market/sm/ or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Indenture (Wintrust Capital Trust Ii)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the NGC Corporation Capital Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange. (c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. The First National Bank of Chicago hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 1 contract

Sources: Subordinated Debenture Indenture (NGC Corp)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the SAFECO Trust are payable; , or (ii) the date the SAFECO Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the SAFECO Trust, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange. (c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.2 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116. 1. The Chase Manhattan Bank, as Trustee, hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 1 contract

Sources: Indenture (Safeco Corp)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative TrusteesTrustee, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Preferred Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures. (c) The quarter [quarter] [semi-annual period] in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the [20 quarters ▇▇▇▇▇▇▇▇] [▇▇ semi-annual periods] permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Indenture (Public Service Co of Colorado)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market Market(SM) or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market Market(SM) or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Indenture (Ifc Capital Trust I)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section SECTION 4.1.

Appears in 1 contract

Sources: Indenture (Southside Capital Trust I)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the AGL Capital Trust II are payable; , or (ii) the date the AGL Capital Trust II is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Trust Preferred Securities issued by the TrustAGL Capital Trust II, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two five Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01.

Appears in 1 contract

Sources: Indenture (Agl Capital Trust Ii)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the CTBI Trust Securities issued by the CTBI Trust are payable; , or (ii) the date the CTBI Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq the NASDAQ National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the CTBI Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such -19- interest payment to The Nasdaq the NASDAQ National Market or other applicable self-self- regulatory organization or to holders Holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Indenture (Pikeville National Corp)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder of the Debentures Holder at the time the Company Corporation selects an a Series D Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Debt Trustee of its selection of such Series D Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Series D Trust Securities issued by the Series D Trust are payable; , or (ii) the date the Series D Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Series D Preferred Securities issued by the Series D Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder of the Debentures Holder at the time the Company Corporation selects an a Series D Extended Interest Payment Period, the Company Corporation shall give the holders Holders of the Series D Debentures and the Debt Trustee written notice of its selection of such Series D Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company Corporation is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Series D Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Series D Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Supplemental Indenture (General Motors Corp)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures. (c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Supplemental Indenture (Fleet Financial Group Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the American Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the American Stock Exchange or other applicable self-self- regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Indenture (Colorado Business Bankshares Capital Trust I)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Convertible Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Trust Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder Holder of the Convertible Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Convertible Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Convertible Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: First Supplemental Indenture (Wendys International Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market Market_ or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market Market_ or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Indenture (Wintrust Financial Corp)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two at least one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date on which the Trust is required to give notice of the record date, or the date on which such Distributions are payable, to The Nasdaq National Market or other any applicable self-regulatory organization or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures Notes and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other any applicable self-regulatory organization or to holders Holders of the DebenturesNotes. (c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Supplemental Indenture (Nb Capital Trust Iv)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The the Nasdaq National Market or other applicable self-regulatory organization or to holders of the Trust Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The the Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.. -19- 26

Appears in 1 contract

Sources: Indenture (Prosperity Capital Trust I)

Notice of Extension. (a) If the Property Trustee is the only registered regis tered holder of the Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to both the Administrative Trustees, Regular Trustees and the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions Distri butions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the payment date for such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-self- regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Subordinated Debentures at the time the Company Com pany selects an Extended Interest Payment Period, the Company shall give the holders of the Subordinated Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten (10) Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Subordinated Debentures, but in any event at least two Business Days before such record date. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 twenty quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Supplemental Indenture (KCPL Financing Iii)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give written notice to the Trustee, the Administrative Trustees, the Property Trustee and the Institutional Trustee of its selection election of such Extended Interest Payment Period two at least one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the TrustSecurities, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Supplemental Indenture (Arvin Capital I)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the OTC Bulletin Board or other applicable self-regulatory organization or to holders of the Trust Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the OTC Bulletin Board or other applicable self-self- regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Indenture (Paradigm Capital Trust Ii)

Notice of Extension. (a) 1. If the Property Institutional Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before on the earlier of (i) 10 Business Days prior to the next succeeding date on which Distributions on the Trust Capital Securities issued by the Trust are payable; , or (ii) the date the Trust Regular Trustee is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) 2. If the Property Institutional Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures. (c) 3. The quarter period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Supplemental Indenture (MCN Financing Iv)

Notice of Extension. (a) If the Property Trustee is the only registered sole holder of the Debentures Company Preferred Securities or the Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Company Preferred Securities issued by the Trust LLC are payable; , or (ii) the date the Trust Company is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Trust Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures Company Preferred Securities or the Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Company Preferred Securities or the Notes, as the case may be, and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-self regulatory organization or to holders Holders of the DebenturesNotes. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 207 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1206.

Appears in 1 contract

Sources: Third Supplemental Indenture (Teco Energy Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, Trustees and the Property Trustee and the Trustee of its selection election of such Extended Interest Payment Period two at least one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or any other applicable self-regulatory organization or to holders of the Trust Preferred Securities issued by the TrustSecurities, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other any applicable self-regulatory organization or to holders of the Debentures, but in any event at least two Business Days before such record date. (c) The quarter quarterly interest payment period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 consecutive calendar quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: First Supplemental Indenture (WPSR Capital Trust I)

Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The the Preferred Securities holders or to the Nasdaq National Market or other applicable self-self regulatory organization or to holders of the Preferred Securities issued by the Trustorganization, if any, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Junior Subordinated Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The the Holders of the Junior Subordinated Debentures or to the Nasdaq National Market or other applicable self-self regulatory organization or to holders of the Debenturesorganization, if any. (c) The quarter in which any notice is given pursuant to paragraphs paragraph (a) or paragraph (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Subordinated Indenture (United Community Bancshares Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection selec- tion of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions distributions on the Trust Securities issued by the BankBoston Capital Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding suc- ceeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange. (c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. The Bank of New York hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 1 contract

Sources: Indenture (Bank of Boston Corp)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Dynegy Capital Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Securities issued by the Trust, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange. (c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. The Bank One Trust Company, National Association, hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 1 contract

Sources: Indenture (Dynegy Capital Trust Iii)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Convertible Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the American Stock Exchange or other applicable self-regulatory organization or to holders of the Convertible Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder Holder of the Convertible Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Convertible Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; Date or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the American Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Convertible Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 consecutive quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Supplemental Indenture (Lomak Petroleum Inc)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder of the Debentures Holder at the time the Company Corporation selects an a Series __ Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Debt Trustee of its selection of such Series __ Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Series __ Trust Securities issued by the Series __ Trust are payable; , or (ii) the date the Series __ Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Series __ Preferred Securities issued by the Series __ Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder of the Debentures Holder at the time the Company Corporation selects an a Series __ Extended Interest Payment Period, the Company Corporation shall give the holders Holders of the Series __ Debentures and the Debt Trustee written notice of its selection of such Series __ Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company Corporation is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Series __ Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Series __ Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Supplemental Indenture (General Motors Capital Trust D)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the UNB Capital Trust are payable; , or (ii) the date the UNB Capital Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the UNB Capital Trust, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange. (c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. The Bank of New York hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 1 contract

Sources: Indenture (United National Bancorp)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust Regular Trustee is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Second Supplemental Indenture (Hartford Life Capital Ii)

Notice of Extension. (a) If the Property Trustee is the only registered holder Registered Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the Preferred Securities holders or to the American Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trustorganization, if any, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Junior Subordinated Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two five Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the Holders of the Junior Subordinated Debentures or to the American Stock Exchange or other applicable self-regulatory organization or to holders of the Debenturesorganization, if any. (c) The quarter in which any notice is given pursuant to paragraphs paragraph (a) or paragraph (b) of this Section 4.2 4.02 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.14.01.

Appears in 1 contract

Sources: Subordinated Indenture (Blue Valley Ban Corp)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The the Nasdaq National Market System or other applicable self-regulatory organization or to holders of the Trust Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The the Nasdaq National Market System or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Indenture (Glacier Capital Trust I)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-self- regulatory organization or to holders Holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Supplemental Indenture (Og&e Financing I)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the American Stock Exchange Inc. (AMEX) or other applicable self-self- regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the American Stock Exchange (AMEX) or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Indenture (Premier Bancshares Inc /Ga)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market Market/sm/ or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market Market/SM/ or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Indenture (Ifc Capital Trust Ii)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust Regular Trustee is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures.. 13 (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: First Supplemental Indenture (Hartford Life Capital Iii)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection selec- tion of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Community Capital Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding suc- ceeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange. (c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116. 01. The Chase Manhattan Bank hereby accepts the trusts in this Inden- ture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 1 contract

Sources: Indenture (Community Bank System Inc)

Notice of Extension. (a) If the Property Trustee is the only registered holder Registered Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the 24 Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the Preferred Securities holders or to the American Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trustorganization, if any, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Junior Subordinated Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two five Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the Holders of the Junior Subordinated Debentures or to the American Stock Exchange or other applicable self-regulatory organization or to holders of the Debenturesorganization, if any. (c) The quarter in which any notice is given pursuant to paragraphs paragraph (a) or paragraph (b) of this Section 4.2 4.02 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.14.01.

Appears in 1 contract

Sources: Subordinated Indenture (BVBC Capital Trust I)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-self- regulatory organization or to holders Holders of the Debentures. (c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: First Supplemental Indenture (Fleet Capital Trust V)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Indenture Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions (as defined in the Trust Agreement) on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Global Select Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Indenture Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Global Select Market or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 5.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.15.1.

Appears in 1 contract

Sources: Indenture (Bridge Bancorp Inc)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: Supplemental Indenture (Countrywide Capital Ii)

Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Convertible Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange (or other applicable self-regulatory organization organization) or to holders of the Trust Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Institutional Trustee is not the only holder Holder of the Convertible Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Convertible Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Convertible Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.

Appears in 1 contract

Sources: First Supplemental Subordinated Indenture (Nuevo Energy Co)

Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company Issuer selects an Extended Interest Payment Period, the Company Issuer shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; payable or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Securities issued by the Trust, but in any event at least one five Business Day Days before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company Issuer selects an Extended Interest Payment Period, the Company Issuer shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; Date or (ii) the date the Company Issuer is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange. (c) The quarter semi-annual period in which any notice is given pursuant to paragraphs paragraph (a) or (b) of this Section 4.2 15.6 of the Indenture shall be counted as one of the 20 quarters ten semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.115.5 of the Indenture.

Appears in 1 contract

Sources: Supplemental Indenture (Halliburton Capital Trust I)