Common use of Paying Agents Clause in Contracts

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, on, the Securities (whether such sums have been paid to it by the Company or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three Business Days after any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, on, the Securities when the same shall be due and payable.

Appears in 43 contracts

Sources: Indenture (Verastem, Inc.), Indenture (CISO Global, Inc.), Indenture (Amicus Therapeutics, Inc.)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities (whether such sums have been paid to it by the Company or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities when the same shall be due and payable.

Appears in 25 contracts

Sources: Indenture (Axcelis Technologies Inc), Indenture (Axcelis Technologies Inc), Indenture (Axcelis Technologies Inc)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuer (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 25 contracts

Sources: Indenture (Meritage Homes CORP), Indenture (M I Homes Inc), Indenture (Meritage Homes CORP)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 24 contracts

Sources: Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/), Indenture (Imc Global Inc)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will shall hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities or the Trustee; (2B) that it will shall at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will shall give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuer (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 23 contracts

Sources: Indenture (IAC Inc.), Indenture (News Corp), Indenture (Match Group, Inc.)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 16 contracts

Sources: Indenture (Lamar Media Corp/De), Indenture (Lamar Advertising Co/New), Indenture (Lamar Media Corp/De)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three Business Days after of any failure of the Company Issuer (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 15 contracts

Sources: Indenture (Vail Resorts Inc), Indenture (Crown Holdings, Inc.), Indenture (Vail Resorts Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.127.13: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities (whether such sums have been paid to it by the Company or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three Business Days after of any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities when the same shall be due and payable.

Appears in 15 contracts

Sources: Indenture (Gibraltar Industries, Inc.), Indenture (Libbey Inc), Indenture (Libbey Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Senior Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesSenior Notes) in trust for the benefit of Holders of the Securities Senior Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesSenior Notes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Senior Notes when the same shall be due and payable.

Appears in 10 contracts

Sources: Indenture (Superior Telecommunications Inc), Indenture (Donnelley R H Inc), Indenture (Genesis Health Ventures Inc /Pa)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 7 contracts

Sources: Indenture (Skyterra Communications Inc), Indenture (Skyterra Communications Inc), Indenture (Skyterra Communications Inc)

Paying Agents. The Company Issuers shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuers or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three Business Days after of any failure of the Company Issuers (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 7 contracts

Sources: Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities (whether such sums have been paid to it by the Company or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three (3) Business Days after any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities when the same shall be due and payable.

Appears in 6 contracts

Sources: Indenture (Biogen Inc.), Indenture (Biogen Inc.), Indenture (Stemcells Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities (whether such sums have been paid to it by the Company or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities when the same shall be due and payable.

Appears in 5 contracts

Sources: Indenture (RR Donnelley & Sons Co), Indenture (RR Donnelley & Sons Co), Indenture (Airgas Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.. ARTICLE EIGHT

Appears in 4 contracts

Sources: Indenture (Fairfield Manufacturing Co Inc), Indenture (Imc Global Inc), Indenture (Imc Global Inc)

Paying Agents. The Company Issuers shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuers or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuers (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 4 contracts

Sources: Indenture (Insight Communications of Central Ohio LLC), Indenture (Target Directories of Michigan Inc), Indenture (Coaxial LLC)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1a) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities (whether such sums have been paid to it by the Company Issuer or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2b) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3c) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuer (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities when the same shall be due and payable.

Appears in 4 contracts

Sources: Indenture (Meritage Homes CORP), Indenture (Meritage Homes of North Carolina, Inc.), Indenture (Mobile Mini Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Company, any Guarantor or by any other obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three Business Days after of any failure of the Company (Company, any Guarantor or by any obligor on the Securities) Notes in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.. ARTICLE EIGHT

Appears in 3 contracts

Sources: Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three Business Days after of any failure of the Company Issuer (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 3 contracts

Sources: Indenture (Cooper-Standard Holdings Inc.), Indenture (Cooper-Standard Holdings Inc.), Indenture (Cooper-Standard Holdings Inc.)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.128.13: (1a) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities (whether such sums have been paid to it by the Company or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2b) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3c) that it will give the Trustee written notice within three Business Days after of any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities when the same shall be due and payable.

Appears in 3 contracts

Sources: Indenture (Deluxe Corp), Indenture (Deluxe Corp), Indenture (Deluxe Corp)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will shall hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer, any Guarantor or by any other obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2) that it will shall at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will shall give the Trustee written notice within three Business Days after of any failure of the Company (Issuer, any Guarantor or by any obligor on the Securities) Notes in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.. ARTICLE EIGHT

Appears in 3 contracts

Sources: Indenture (Massey Energy Co), Indenture (3019693 Nova Scotia U.L.C.), Indenture (Ipsco Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 3 contracts

Sources: Indenture (Paxson Communications Corp), Indenture (Paxson Communications Corp), Indenture (Paxson Communications Corp)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three 3 Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 2 contracts

Sources: Indenture (Language Line Costa Rica, LLC), Indenture (Atlantic Broadband Management, LLC)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1a) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, on, the Securities (whether such sums have been paid to it by the Company or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2b) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3c) that it will give the Trustee written notice within three Business Days after any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, on, the Securities when the same shall be due and payable.

Appears in 2 contracts

Sources: Indenture (Rekor Systems, Inc.), Indenture (One Stop Systems, Inc.)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1a) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2b) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3c) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 2 contracts

Sources: Indenture (Federal Mogul Corp), Indenture (Entex Information Services Inc)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three Business Days after of any failure of the Company Issuer (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 2 contracts

Sources: Indenture (M/I Homes, Inc.), Indenture (M/I Homes, Inc.)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it them and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuer (or by any other obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 2 contracts

Sources: Indenture (Muzak Heart & Soul Foundation), Indenture (Muzak LLC)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent Agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuer (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 2 contracts

Sources: Indenture (Canwest Media Inc), Indenture (Canwest Media Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will shall hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2) that it will shall at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will shall give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 2 contracts

Sources: Indenture (Seminis Inc), Indenture (Seminis Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1a) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, on, the Securities (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesSecurities ) in trust for the benefit of Holders of the Securities or the Trustee; (2b) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3c) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, on, the Securities when the same shall be due and payable.

Appears in 2 contracts

Sources: Indenture (International Wire Rome Operations, Inc.), Indenture (International Wire Group Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 2 contracts

Sources: Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc)

Paying Agents. The Company Issuers shall cause each Paying Agent other than the Trustee to execute and deliver to it them and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuers or by any obligor on the SecuritiesNotes) in trust for the benefit of the Holders of the Securities or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuers (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 2 contracts

Sources: Indenture (Trilogy International Partners Inc.), Indenture (Alignvest Acquisition Corp)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuer (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 2 contracts

Sources: Indenture (Elk Horn Coal Co LLC), Indenture (United Industries Corp)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will shall hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will shall at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will shall give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 2 contracts

Sources: Indenture (Laidlaw International Inc), Indenture (Aircraft Service International Inc)

Paying Agents. The Company Issuers shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuers or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuers (or by any other obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 2 contracts

Sources: Indenture (Muzak Finance Corp), Indenture (Muzak Finance Corp)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.126.10: (1i) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Company, any Guarantor or by any other obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2ii) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3iii) that it will give the Trustee written notice within three Business Days after of any failure of the Company (Company, any Guarantor or by any obligor on the Securities) Notes in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 2 contracts

Sources: Indenture (Catalyst Paper Corp), Indenture (Catalyst Paper Corp)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.128.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Submicron Systems Corp)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.127.13: (1a) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2b) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3c) that it will give the Trustee written notice within three Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Conexant Systems Inc)

Paying Agents. The Company Issuers shall cause each Paying Agent other than the Trustee to execute and deliver to it them and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuers or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuers (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.. ARTICLE EIGHT

Appears in 1 contract

Sources: Indenture (Ashton Houston Residential L.L.C.)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; andand 80 -71- (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Cityscape Corp)

Paying Agents. The Company Issuers shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.. ARTICLE EIGHT

Appears in 1 contract

Sources: Indenture (Pca International Inc)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuer (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.. ARTICLE EIGHT

Appears in 1 contract

Sources: Indenture (Matria Healthcare Inc)

Paying Agents. The Company Issuers shall cause each Paying Agent other than the Trustee to execute and deliver to it them and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuers or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuers (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Ashton Woods USA L.L.C.)

Paying Agents. The Company Issuers shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1a) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuers or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2b) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3c) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuers (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (TWP Capital Corp Ii)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities (whether such sums have been paid to it by the Company or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities when the same shall be due and payable.. 44 ARTICLE 8

Appears in 1 contract

Sources: Indenture (Lamar Advertising Co/New)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Park Ohio Industries Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written writ ten request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three 3 Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Language Line Holdings, Inc.)

Paying Agents. The Company Issuers shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Portrait Corp of America, Inc.)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.127.10: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (R H Donnelley Corp)

Paying Agents. (A) The Company shall will cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall will agree with the Trustee, subject to the provisions of this Section 7.128.12: (1i) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2ii) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3iii) that it will give the Trustee written notice within three Business Days after any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, on, the Securities Notes when the same shall will be due and payable.

Appears in 1 contract

Sources: Indenture (Verastem, Inc.)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, on, the Securities (whether such sums have been paid to it by the Company or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three Business Days after any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, on, the Securities when the same shall be due and payable.. AMENDMENTS,

Appears in 1 contract

Sources: Indenture (Cardiovascular Systems Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1a) that it will shall hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether -80- such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Noteholders or the Trustee; (2b) that it will shall at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3c) that it will shall give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Renaissance Cosmetics Inc /De/)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.128.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, on, or interest on the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.. ARTICLE NINE

Appears in 1 contract

Sources: Indenture (Sandhills Inc)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12:: 88 -81- (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuer (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.. ARTICLE EIGHT

Appears in 1 contract

Sources: Indenture (Meritage Corp)

Paying Agents. The Company Issuers shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.127.13: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities (whether such sums have been paid to it by the Company Issuers or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three Business Days after of any failure of the Company Issuers (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Stewart & Stevenson LLC)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will shall hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2) that it will shall at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will shall give the Trustee written notice within three five (5) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (1295728 Alberta ULC)

Paying Agents. The Company Issuers shall cause each Paying Agent other than the Trustee to execute and deliver to it them and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.127.13: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities (whether such sums have been paid to it by the Company Issuers or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three Business Days after of any failure of the Company Issuers (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Mirant Corp)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.127.13: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities (whether such sums have been paid to it by the Company or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three Business Days after of any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities when the same shall be due and payable.. ARTICLE VIII

Appears in 1 contract

Sources: Indenture (Cornell Companies Inc)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will shall hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer, any Guarantor or by any other obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2) that it will shall at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will shall give the Trustee written notice within three Business Days after of any failure of the Company (Issuer, any Guarantor or by any obligor on the Securities) Notes in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Massey Energy Co)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1a) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2b) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; 84 and (3c) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Morris Material Handling Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.127.13: (1a) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities (whether such sums have been paid to it by the Company or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2b) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3c) that it will give the Trustee written notice within three Business Days after of any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Conexant Systems Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.. ARTICLE VIII

Appears in 1 contract

Sources: Indenture (Seneca Erie Gaming Corp)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.126.12: (1i) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Company, any Guarantor or by any other obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2ii) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3iii) that it will give the Trustee written notice within three Business Days after of any failure of the Company (Company, any Guarantor or by any obligor on the Securities) Notes in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Norske Skog Canada LTD)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.128.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.. ARTICLE NINE

Appears in 1 contract

Sources: Indenture (Carpenter W R North America Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Senior Discount Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesSenior Discount Notes) in trust for the benefit of Holders of the Securities Senior Discount Notes or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesSenior Discount Notes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Senior Discount Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (R H Donnelley Corp)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, on, the Securities (whether such sums have been paid to it by the Company or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three Business Days immediately after any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, on, the Securities when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (ServiceNow, Inc.)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section SECTION 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuer (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.. ARTICLE VIII

Appears in 1 contract

Sources: Indenture (Res Care Inc /Ky/)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in 80 -73- trust for the benefit of Holders of the Securities Notes or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Outdoor Systems Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable. 76 82 ARTICLE 8.

Appears in 1 contract

Sources: Indenture (Rural Metro of Ohio Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) 77 -70- in trust for the benefit of Holders of the Securities Notes or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Outdoor Systems Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Company, any Guarantor or by any other obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (Company, any Guarantor or by any obligor on the Securities) Notes in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.. ARTICLE EIGHT

Appears in 1 contract

Sources: Indenture (Norske Skog Canada LTD)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent Agent shall agree with the Issuer and the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuer (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Canwest Media Inc)

Paying Agents. The Company Issuers shall cause each Paying Agent other than the Trustee to execute and deliver to it them and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuers or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuers (or by any other obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Business Sound Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.. ARTICLE EIGHT

Appears in 1 contract

Sources: Indenture (Crown Holdings Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities (whether such sums have been paid to it by the Company or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities when the same shall be due and payable.. ARTICLE 8

Appears in 1 contract

Sources: Indenture (Dyax Corp)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.127.13: (1i) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities (whether such sums have been paid to it by the Company or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2ii) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3iii) that it will give the Trustee written notice within three Business Days after of any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Carrols Corp)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.127.13: (1a) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities (whether such sums have been paid to it by the Company or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2b) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3c) that it will give the Trustee written notice within three Business Days after of any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, of or interest or premium, if any, on, the Securities when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Netscout Systems Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.127.13: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities (whether such sums have been paid to it by the Company or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three Business Days after of any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Eye Care Centers of America Inc)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1a) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2b) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3c) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuer (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Scripps Networks Interactive, Inc.)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuer (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.. ARTICLE EIGHT

Appears in 1 contract

Sources: Indenture (River Marine Terminals Inc)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; andand Table of Contents -73- (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuer (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.. ARTICLE EIGHT

Appears in 1 contract

Sources: Indenture (Phibro Animal Health Corp)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Senior Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesSenior Notes) in trust for the benefit of Holders of the Securities Senior Notes or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesSenior Notes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Senior Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Donnelley R H Inc)

Paying Agents. The Company Issuers shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuers or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Issuers (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Starz, LLC)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; ; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company Com pany (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.. ARTICLE 8

Appears in 1 contract

Sources: Indenture (International Shipholding Corp)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in 88 -81- trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Hayes Lemmerz International Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1) that it will hold all sums held by it as agent for the payment of the principal of, or interest or of (and premium, if any) and interest, onif any, on the Securities (whether such sums have been paid to it by the Company or by any obligor on the Securities) in trust for the benefit of Holders of the Securities or the Trustee; (2) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any obligor on the Securities) in the payment of any installment of the principal of, or interest or of (and premium, if any) and interest, onif any, on the Securities when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (Shore Bancshares Inc)

Paying Agents. The Company shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 7.12: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and (3C) that it will give the Trustee written notice within three (3) Business Days after of any failure of the Company (or by any other obligor on the SecuritiesNotes) in the payment of any installment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable.

Appears in 1 contract

Sources: Indenture (FMC Corp)

Paying Agents. The Company Issuer shall cause each Paying Agent other than the Trustee to execute and deliver to it and the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section 7.12: 7.11: (1A) that it will hold all sums held by it as agent for the payment of the principal of, or interest or premium, if any, or interest on, the Securities Notes (whether such sums have been paid to it by the Company Issuer or by any obligor on the SecuritiesNotes) in trust for the benefit of Holders of the Securities Notes or the Trustee; ; (2B) that it will at any time during the continuance of any Event of Default, upon written request from the Trustee, deliver to the Trustee all sums so held in trust by it together with a full accounting thereof; and and (3C) that it will give the Trustee written notice within three Business Days after of any failure of the Company Issuer (or by any obligor on the SecuritiesNotes) in the payment of any installment in- stallment of the principal of, or interest or premium, if any, or interest on, the Securities Notes when the same shall be due and payable. ARTICLE EIGHT AMENDMENT, SUPPLEMENT AND WAIVER SECTION 8.01.

Appears in 1 contract

Sources: Indenture (James Hardie Industries PLC)