Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section, (a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee, (b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and (c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.04.
Appears in 10 contracts
Sources: Junior Subordinated Indenture (Morgan Stanley Capital Trust VIII), Junior Subordinated Indenture (Morgan Stanley Dean Witter & Co), Junior Subordinated Indenture (Morgan Stanley Capital Trust VIII)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of any such failure, upon the failure referred written request of the Trustee, it will forthwith pay to the Trustee all sums so held in clause (b) abovetrust by such paying agent. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.01, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.0410.04.
Appears in 8 contracts
Sources: Indenture (Par Technology Corp), Indenture (Concert Pharmaceuticals, Inc.), Indenture (Alnylam Pharmaceuticals, Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 8 contracts
Sources: Prepaid Security Indenture (Sunamerica Capital Trust Vi), Subordinated Debt Indenture (Kaufman & Broad Home Corp), Senior Subordinated Debt Indenture (Kaufman & Broad Home Corp)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Issuer, the Guarantor or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by the Guarantor or any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or the Business Day prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum in immediately available funds in United States dollars sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 9.03 and 11.049.04. For the avoidance of doubt, any paying agent hereunder shall comply with applicable backup withholding tax and information reporting requirements under the U.S. Internal Revenue Code of 1986, as amended, and the U.S. Treasury Regulations promulgated thereunder with respect to payments made under the Securities of any series (including, to the extent required, the collection of Internal Revenue Service Forms W-8 and W-9 and the filing of U.S. Internal Revenue Service Forms 1099 and 1096).
Appears in 8 contracts
Sources: Senior Indenture (Teva Pharmaceutical Industries LTD), Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.), Senior Indenture (Teva Pharmaceutical Finance Co B.V.)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any seriesSeries, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section,Section 3.04:
(a) that it will hold all sums received by it as such agent Paying Agent for the payment of the principal of or interest on the Securities of such series Series or Coupons (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such seriesSeries or Coupons) in trust for the benefit of the Holders of the Securities of such series, Series or Coupons appertaining thereto, if any, or of the Trustee and, upon the occurrence of an Event of Default and upon the written request of the Trustee,, pay over all such sums received by it to the Trustee;
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such seriesSeries) to make any payment of the principal of or interest on the Securities of such series Series or Coupons when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to give the Trustee upon the Trustee's written request at notice of any time during the continuance change of the failure referred to in clause (b) aboveaddress of any Holder of which it is aware. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Securities of any seriesSeries or Coupons, it will, on or before each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series Series or the Holders of such Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section 3.04 to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series Series of Securities or Coupons hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series Series by the Issuer Company or any paying agent Paying Agent hereunder, as required by this SectionSection 3.04, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section 3.04 to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section 3.04 is subject to the provisions of Sections 10.03 10.04 and 11.0410.05.
Appears in 7 contracts
Sources: Indenture (MidWestOne Financial Group, Inc.), Indenture (Alerus Financial Corp), Indenture (MidWestOne Financial Group, Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in the foregoing clause (b) above). The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 6 contracts
Sources: Indenture (Unionbancal Finance Trust Iv), Indenture (McKesson Financing Trust Iv), Indenture (Unionbancal Corp)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.01, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.0410.04.
Appears in 6 contracts
Sources: Senior Indenture (Morgan Stanley Dean Witter & Co), Indenture (Abn Amro Bank Nv), Senior Indenture (Morgan Stanley Capital Trust VIII)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in the foregoing clause (b) above). The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 5 contracts
Sources: Indenture (Weyerhaeuser Co), Indenture (Plum Creek Timber Co Inc), Indenture (Health Net Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and;
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request will, at any time during the continuance of any such failure, upon the failure referred written request of the Trustee, forthwith pay to the Trustee all sums so held in clause trust by such paying agent; and
(bd) abovethat it will in all respects comply with the provisions of the Trust Indenture Act of 1939 applicable to such paying agent. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, such sum to be held as provided in the Trust Indenture Act of 1939, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming duedue until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, hereunder or with respect to this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 5 contracts
Sources: Senior Indenture (Freeport McMoran Copper & Gold Inc), Senior Indenture (Freeport McMoran Copper & Gold Inc), Senior Indenture (Freeport McMoran Copper & Gold Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of any such failure, upon the failure referred written request of the Trustee, forthwith pay to the Trustee all sums so held in clause (b) abovetrust by such paying agent. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. Principal of or interest on the Securities shall be considered paid on the date due if the paying agent holds as of [10:00 A.M. EASTERN TIME] on the due date money deposited by the Issuer in immediately available funds and designated for and sufficient to pay all principal or interest then due. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. The Issuer hereby initially appoints the Trustee as registrar and paying agent. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 5 contracts
Sources: Subordinated Indenture (Source One Mortgage Services Corp), Subordinated Indenture (Source One Mortgage Services Corp), Subordinated Indenture (Source One Mortgage Services Corp)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or prior to 10:00 a.m. New York City time on each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.03 and 11.049.04.
Appears in 5 contracts
Sources: Indenture (GasLog Partners LP), Indenture (GasLog Ltd.), Indenture (GasLog Ltd.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.03 and 11.049.04.
Appears in 5 contracts
Sources: Senior Indenture (Abn Amro Bank Nv), Senior Indenture (Abn Amro Bank Nv), Subordinated Indenture (Orvet Pharmaceuticals Finance Sa)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,:
(a) that it will hold all sums received by it as such agent for the payment of the principal of (and premium, if any) or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of (and premium, if any) or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in the foregoing clause (b) above). The Issuer will, on or prior to each due date of the principal of (and premium, if any) or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of (and premium, if any) or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal (and premium, if any) or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities9.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 9.3 and 11.049.4.
Appears in 5 contracts
Sources: Indenture (Exelon Corp), Indenture (Commonwealth Edison Co), Indenture (Exelon Generation Co LLC)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.03 and 11.049.04.
Appears in 4 contracts
Sources: Senior Indenture (Orix Corp), Senior Indenture (Orix Corp), Senior Indenture (Orix Corp)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of any such failure, upon the failure referred written request of the Trustee, it will forthwith pay to the Trustee all sums so held in clause (b) abovetrust by such paying agent. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.01, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.0410.04. The Issuer initially appoints the Trustee as paying agent for the Securities. The Issuer may change the paying agent without prior notice to the Holders.
Appears in 4 contracts
Sources: Indenture (Intercept Pharmaceuticals, Inc.), Exchange Agreement (Intercept Pharmaceuticals, Inc.), Subscription Agreement (Intercept Pharmaceuticals, Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Debt Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,:
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Debt Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Debt Securities of such series) in trust for the benefit of the Holders holders of the Debt Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,; and
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Debt Securities of such series) to make any payment of the principal of or interest on the Debt Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Debt Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Debt Securities of any series, it will, on or before each due date of the principal of or interest on the Debt Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Debt Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Debt Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained; and, upon such payment by any paying agent to the Trustee, such paying agent shall be released from all further liability with respect to such monies. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.0410.04.
Appears in 4 contracts
Sources: Subordinated Indenture (Financial Security Assurance Holdings LTD/Ny/), Trust Indenture (Financial Security Assurance Holdings LTD/Ny/), Trust Indenture (Financial Security Assurance Holdings LTD/Ny/)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,:
(a) that it such paying agent will hold all sums received by it as such agent for the payment of the principal of or interest interest, if any, on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series entitled thereto or of the Trustee,Trustee until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(b) that it such paying agent will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of any such failure, upon the failure referred written request of the Trustee, forthwith pay to the Trustee all sums so held in clause (b) abovetrust by such paying agent. The Issuer will, on or prior to each due date of the principal of or interest interest, if any, on the Securities of such any series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders of the Securities of such series entitled to such principal or interest, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest interest, if any, on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest interest, if any, so becoming duedue until such sums shall be paid to such Holders or otherwise disposed of as herein provided. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained, and, upon such payment by any paying agent to the Trustee, such paying agent shall be released from all further liability with respect to such money. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 4 contracts
Sources: Indenture (CMS Energy Corp), Indenture (Puget Sound Energy Inc), Indenture (Consumers Power Co Financing I)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.01, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.0410.04.
Appears in 4 contracts
Sources: Indenture (Nvidia Corp/Ca), Indenture (Nvidia Corp/Ca), Subordinated Indenture (Morgan Stanley Capital Trust VIII)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any seriesSeries, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section,Section 4.06, that it will:
(a) that it will hold all sums received by it as such agent Paying Agent for the payment of the principal of or interest on the Securities of such series Series (whether such sums have been paid to it by the Issuer Company or by any Guarantor or other obligor on the Securities of such seriesSeries) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, Series or of the Trustee, and upon the occurrence of an Event of Default and upon the written request of the Trustee, pay over all such sums received by it to the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any Guarantor or other obligor on the Securities of such seriesSeries) to make any payment of the principal of or interest on the Securities of such series Series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to give the Trustee upon the Trustee's written request at notice of any time during the continuance change of the failure referred to in clause (b) aboveaddress of any Holder of which it is aware. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such seriesSeries, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such seriesSeries, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto Series a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section 4.06 to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series Series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series Series by the Issuer Company or any paying agent Paying Agent hereunder, as required by this SectionSection 4.06, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section 4.06 to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section 4.06 is subject to the provisions of Sections 10.03 8.07 and 11.048.08.
Appears in 4 contracts
Sources: Indenture (Americredit Financial Services Inc), Indenture (Americredit Financial Services Inc), Indenture (Americredit Financial Services Inc)
Paying Agents. Whenever The Bank of New York Mellon is hereby appointed by the Issuer Company, and accepts such appointment, as initial Paying Agent. The initial Paying Agent hereby agrees, and whenever the Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any seriesTrustee, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee, and that it will pay the principal of, and interest on, each series of Securities as provided in this Indenture,
(b) that (unless such Paying Agent is the same bank as the Trustee) it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that (unless such Paying Agent is the same bank as the Trustee) it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (bSection 3.04(b) above. The Issuer Company will, no later than 10:00 a.m. New York time on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer Company or any paying agent Paying Agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 Section 9.03 and 11.04Section 9.04.
Appears in 4 contracts
Sources: Subordinated Indenture (Mizuho Financial Group Inc), Senior Indenture (Mizuho Financial Group Inc), Subordinated Indenture (Mizuho Financial Group Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and,
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.03(b) above, and
(d) that it will perform all other duties of paying agent as set forth in the Indenture. The Issuer willshall, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will shall promptly notify the Trustee of any failure to take such action. If the an Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.05 and 11.049.06.
Appears in 3 contracts
Sources: Indenture (Adobe Systems Inc), Indenture (SAIC, Inc.), Indenture (Adobe Systems Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and,
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.03(b) above, and
(d) that it will perform all other duties of paying agent as set forth in the Indenture. The Issuer willshall, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will shall promptly notify the Trustee of any failure to take such action. If the an Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.05 and 11.049.06.
Appears in 3 contracts
Sources: Indenture (Roper Technologies Inc), Indenture (Roper Industries Inc), Indenture (Roper Industries Inc)
Paying Agents. Whenever the Issuer or any Guarantor shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Issuer, the Guarantors or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by the Guarantors or any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer or the Guarantors will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer or a Guarantor will promptly notify the Trustee of any failure to take such action. Any payment received by the Trustee or a paying agent after 1:00 p.m. New York time shall be deemed to be received on the next Business Day. If the Issuer shall act as its own paying agent agent, or if a Guarantor shall act as paying agent, with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer or a Guarantor will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.01, the Issuer or any Guarantor may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer Issuer, the Guarantors or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections Section 10.03 and 11.0410.04.
Appears in 3 contracts
Sources: Senior Indenture (Abn Amro Bank Nv), Subordinated Indenture (Abn Amro Bank Nv), Senior Indenture (Bank of America Corp /De/)
Paying Agents. Whenever the Issuer shall appoint a paying agent Paying Agent other than the Trustee or DBTCA in its capacity as Paying Agent hereunder with respect to the Securities of any seriesseries (the “Paying Agent”), it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give a Responsible Officer of the Trustee at its Corporate Trust Office written notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or prior to 10 A.M. New York City time on each due date of the principal of or interest on the Securities of such series, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent Paying Agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section The Issuer hereby appoints DBTCA to act as the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge initial Paying Agent with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein containedSecurities. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 11.02 and 11.0411.03.
Appears in 3 contracts
Sources: Eligible Liabilities Senior Indenture (Deutsche Bank Aktiengesellschaft), Eligible Liabilities Senior Indenture (Deutsche Bank Aktiengesellschaft), Eligible Liabilities Senior Indenture (Deutsche Bank Aktiengesellschaft)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,, and
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 3 contracts
Sources: Indenture (Emerson Electric Co), Indenture (Universal Health Services Inc), Indenture (Emerson Electric Co)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or prior to 10:00 a.m. New York City time on each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.03 and 11.049.04.
Appears in 3 contracts
Sources: Indenture (Costamare Bulkers Holdings LTD), Indenture (Costamare Inc.), Subordinated Indenture (Orbotech LTD)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.03(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Whenever the Issuer shall have one or more paying agents for any series of Securities, it will, on or before each due date of the principal of or interest on any Securities of such series, deposit with the paying agent or agents for the Securities of such series a sum, by 10:00 a.m. New York City time in immediately available funds on the payment date, sufficient to pay the principal or interest so becoming due with respect to the Securities of such series, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee in writing of any failure so to act. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 and 11.04Section 9.05.
Appears in 3 contracts
Sources: Indenture (Comcast Cable Communications LLC), Indenture (Comcast Corp), Indenture (Comcast Cable Communications Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and,
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.03(b) above, and
(d) that it will perform all other duties of paying agent as set forth in the Indenture. The Issuer willshall, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will shall promptly notify the Trustee of any failure to take such action. If the an Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay pay, deliver or cause to be paid or delivered to the Trustee all sums or amounts held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums and amounts to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums or amounts in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.03 and 11.049.04.
Appears in 3 contracts
Sources: Indenture (Affymetrix Inc), Subordinated Indenture (Affymetrix Inc), Indenture (Affymetrix Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent or agents other than the Trustee with respect to the Securities of any series, it will cause each such paying agent to execute and deliver to the Trustee an instrument in which each such paying agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest interest, if any, on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders persons entitled thereto until such sums shall be paid to such persons or otherwise disposed of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trusteeas herein provided,
(b) that it will give the Trustee written notice of any failure default by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest interest, if any, on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request that, at any time during the continuance of the failure any such default referred to in clause (b) above, upon the written request of the Trustee, it will forthwith pay to the Trustee all sums so held in trust by such paying agent. The Whenever the Issuer shall have one or more paying agents with respect to Securities of any series, it will, on or prior to each due date of the principal of or interest interest, if any, on the Securities of such series, deposit with the a designated paying agent a sum sufficient to pay such principal or interest interest, if any, so becoming due, such sum to be held in trust for the benefit of the persons entitled to such principal or interest, if any, and (unless such paying agent is the Trustee) the Issuer will promptly notify a Responsible Officer of the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest interest, if any, on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of persons entitled to such series or the Coupons appertaining thereto principal and interest, if any, a sum sufficient to pay such principal or interest interest, if any, so becoming duedue until such sums shall be paid to such persons or otherwise disposed of as herein provided. The Issuer will promptly notify a Responsible Officer of the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 9.3 and 11.049.4.
Appears in 3 contracts
Sources: Subordinated Debt Indenture (Ahold Finance Usa Inc), Subordinated Debt Indenture (Royal Ahold), Subordinated Debt Indenture (Royal Ahold)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b3.03(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Whenever the Issuer shall have one or more paying agents for any series of Securities, it will, on or before each due date of the principal of or interest on any Securities of such series, deposit with the paying agent or agents for the Securities of such series a sum, by 10:00 a.m. New York City time in immediately available funds on the payment date, sufficient to pay the principal or interest so becoming due with respect to the Securities of such series, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee in writing of any failure so to act. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 and 11.04Section 9.05.
Appears in 3 contracts
Sources: Indenture (Mediaone Group Inc), Indenture (Comcast Mo Group Inc), Indenture (Comcast Mo Group Inc)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of any such failure, upon the failure referred written request of the Trustee, it will forthwith pay to the Trustee all sums so held in clause (b) abovetrust by such paying agent. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.01, the Issuer Company or the Guarantor[s] may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer Company, the Guarantor[s] or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.0410.04.
Appears in 2 contracts
Sources: Indenture (Discovery Communications, LLC), Indenture (Discovery Communications, LLC)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,:
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of any such failure, upon the failure referred written request of the Trustee, forthwith pay to the Trustee all sums so held in clause (b) abovetrust by such paying agent. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities9.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 9.3 and 11.049.4.
Appears in 2 contracts
Sources: Indenture (Illinova Corp), Indenture (Illinois Power Co)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.04.
Appears in 2 contracts
Sources: Indenture (Becton Dickinson & Co), Indenture (Cardinal Health Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this SectionSection 3.04,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (bSection 3.04(b) above. The Issuer will, on or prior to 10:00 a.m., New York City time, on each due date of the principal of or interest on the Securities of such series, series deposit or cause to be deposited with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. The paying agent shall not be bound to make any payment until it has received in immediately available and cleared funds the full amount due to be paid to it pursuant to this Section 3.04(c). If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section 3.04 to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this SectionSection 3.04, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section 3.04 to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section 3.04 is subject to the provisions of Sections 10.03 9.03 and 11.049.04.
Appears in 2 contracts
Sources: Subordinated Indenture (Sumitomo Mitsui Financial Group, Inc.), Subordinated Indenture (Sumitomo Mitsui Financial Group, Inc.)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any seriesSeries, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent Agent for the payment of the principal of or interest on the Securities of such series Series or Coupons (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such seriesSeries or Coupons) in trust for the benefit of the Holders of the Securities of such series, Series or Coupons appertaining thereto, if any, or of the Trustee, and upon the occurrence of an Event of Default and upon the written request of the Trustee, pay over all such sums received by it to the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such seriesSeries) to make any payment of the principal of or interest on the Securities of such series Series or Coupons when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to give the Trustee upon the Trustee's written request at notice of any time during the continuance change of the failure referred to in clause (b) aboveaddress of any Holder of which it is aware. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Securities of any seriesSeries or Coupons, it will, on or before each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series Series or the Holders of such Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series Series of Securities or Coupons hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series Series by the Issuer Company or any paying agent Paying Agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 2 contracts
Sources: Indenture (Navistar International Corp), Indenture (Kellogg Co)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee prompt notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that any time during the continuance of any such failure upon the written request of the Trustee, it will forthwith pay any such to the Trustee all sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) abovesuch agent. The Issuer will, on or prior to not later than each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming duedue until such sums shall be paid to such Persons as herein provided. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 2 contracts
Sources: Supplemental Indenture (Safeway Stores 42, Inc.), Supplemental Indenture (Albertsons Companies, Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest interest, if any, on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,Trustee acting on behalf of the holders of the Securities of such series;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest interest, if any, on the Securities of such series when the same shall be due and payable, ; and
(c) that it will forthwith pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent Paying Agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming duedue until such sums shall be paid to such holders of the Securities or otherwise disposed of as herein provided. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause by a written request signed by two officers of the Issuer directing any Paying Agent to be paid pay to the Trustee all sums held in trust for any such series by the Issuer or any paying agent Paying Agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.04 and 11.0410.05.
Appears in 2 contracts
Sources: Indenture (Science Applications International Corp), Indenture (Science Applications International Corp)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any seriesseries other than the initial paying agent appointed under an indenture supplemental hereto, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or prior to 10:00 AM New York time, or at any such other time and date as may be agreed by the Issuer and paying agent, on each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.03 and 11.049.04.
Appears in 2 contracts
Sources: Indenture (Patriot Coal CORP), Indenture (Patriot Coal CORP)
Paying Agents. The Issuer hereby appoints the Securities Administrator as paying agent. Whenever the Issuer or the Guarantor shall appoint a paying agent other than the Trustee Securities Administrator with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee and Securities Administrator an instrument in which such agent shall agree with the TrusteeTrustee and Securities Administrator, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or the Guarantor or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee and the Securities Administrator notice of any failure by the Issuer (or by the Guarantor or any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer or the Guarantor will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent Securities Administrator a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer or the Guarantor will promptly notify the Trustee and the Securities Administrator of any failure to take such action. If the Issuer shall act as its own paying agent agent, or if the Guarantor shall act as paying agent, with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer or the Guarantor will promptly notify the Trustee and the Securities Administrator of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.01, the Issuer or the Guarantor may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee Securities Administrator all sums held in trust for any such series by the Issuer Issuer, the Guarantor or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee Securities Administrator upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.0410.04.
Appears in 2 contracts
Sources: Indenture (Royal Bank of Scotland Group PLC), Subordinated Indenture (Abn Amro Bank Nv)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.03 and 11.049.04.
Appears in 2 contracts
Sources: Subordinated Indenture (Amarin Finance Ltd.), Senior Indenture (Amarin Finance Ltd.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this SectionSection 3.04,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause subsection (b) above. The Issuer will, on or prior to 10:00 a.m., New York City time, on each due date of the principal of or interest on the Securities of such series, series deposit or cause to be deposited with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. The paying agent shall not be bound to make any payment until it has received in immediately available and cleared funds the full amount due to be paid to it pursuant to this Section 3.04(c). If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section 3.04 to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this SectionSection 3.04, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section 3.04 to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section 3.04 is subject to the provisions of Sections 10.03 9.03 and 11.049.04.
Appears in 2 contracts
Sources: Senior Indenture (Sumitomo Mitsui Financial Group, Inc.), Senior Indenture (Sumitomo Mitsui Financial Group, Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) , that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(ba) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(cb) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of any such failure, upon the failure referred written request of the Trustee, it will forthwith pay to the Trustee all sums so held in clause (b) abovetrust by such paying agent. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.04.series
Appears in 2 contracts
Sources: Indenture (LSB Industries Inc), Indenture (LSB Industries Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Issuer, the Guarantor or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by the Guarantor or any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or the Business Day prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.03 and 11.049.04.
Appears in 2 contracts
Sources: Senior Indenture (Teva Pharmaceutical Industries LTD), Senior Indenture (Teva Pharmaceutical Industries LTD)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Issuer, any Guarantor or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any Guarantor or any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.03 and 11.049.04.
Appears in 2 contracts
Sources: Senior Indenture (Amarin Finance Ltd.), Subordinated Indenture (Amarin Finance Ltd.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this SectionSection 3.04,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (bSection 3.04(b) above. The Issuer will, on or prior to each 10:00 a.m., New York City time, on any due date of the principal of or interest on the Securities of such series, series deposit or cause to be deposited with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. The paying agent shall not be bound to make any payment until it has received in immediately available and cleared funds the full amount due to be paid to it pursuant to this Section 3.04(c). If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each any due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section 3.04 to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this SectionSection 3.04, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section 3.04 to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section 3.04 is subject to the provisions of Sections 10.03 9.03 and 11.049.04.
Appears in 2 contracts
Sources: Perpetual Subordinated Indenture (Sumitomo Mitsui Financial Group, Inc.), Perpetual Subordinated Indenture (Sumitomo Mitsui Financial Group, Inc.)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities Notes of any series, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities Notes of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities Notes of such series, or Coupons appertaining thereto, if any, series or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) Company to make any payment of the principal of or interest on the Securities Notes of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of any such failure, upon the failure referred written request of the Trustee it will forthwith pay to the Trustee all sums so held in clause (b) abovetrust by such paying agent. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities Notes of such series, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent with respect to the Securities Notes of any series, it will, on or before each due date of the principal of or interest on the Securities Notes of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities Notes of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of SecuritiesCompany may, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to of one or more or all series of Securities hereunderNotes, or for any other reason, pay pay, or cause to be paid paid, to the Trustee all sums held in trust for any such series by the Issuer Company or any paying agent hereunder, as required by this SectionPaying Agent, such sums to be held by the Trustee upon the same trusts herein containedas those upon which such sums were held by the Company or such Paying Agent. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.04Section 8.05.
Appears in 2 contracts
Sources: Indenture (Barnes Group Inc), Indenture (Barnes Group Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of any such failure, upon the failure referred written request of the Trustee, forthwith pay to the Trustee all sums so held in clause (b) abovetrust by such paying agent. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 2 contracts
Sources: Subordinated Indenture (Source One Mortgage Services Corp), Subordinated Indenture (Source One Mortgage Services Corp)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any seriesSeries, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent Agent for the payment of the principal of or interest on the Securities of such series Series or Coupons (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such seriesSeries or Coupons) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, Series or of the Trustee, and upon the occurrence of an Event of Default pay over all such sums received by it to the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such seriesSeries) to make any payment of the principal principle of or interest on the Securities of such series Series or Coupons when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to give the Trustee upon the Trustee's written request at notice of any time during the continuance change of the failure referred to in clause (b) aboveaddress of any Holder of which it is aware. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Securities of any seriesSeries or Coupons, it will, on or before each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series Series or the Holders of such Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series Series of Securities or Coupons hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series Series by the Issuer Company or any paying agent Paying Agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 2 contracts
Sources: Indenture (Enhance Financial Services Group Inc), Indenture (Enhance Financial Services Group Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.04.of
Appears in 2 contracts
Sources: Indenture (Cardinal Health Inc), Indenture (Cardinal Health Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent or agents other than the Trustee with respect to the Securities of any series, it will cause each such paying agent to execute and deliver to the Trustee an instrument in which each such paying agent shall agree with the Trustee, subject to the provisions of this Section,:
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest interest, if any, on the Securities of such series (whether such sums have been paid to it by the Issuer Issuer, the Guarantor or by any other obligor on the Securities of such series) in trust for the benefit of the Holders Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,as herein provided;
(b) that it will give the Trustee notice of any failure default by the Issuer or the Guarantor (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest interest, if any, on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request that, at any time during the continuance of the failure any such default referred to in clause (b) above, upon the written request of the Trustee, it will forthwith pay to the Trustee all sums so held in trust by such paying agent. The Whenever the Issuer shall have one or more paying agents with respect to Securities of any series, it will, on or prior to each due date of the principal of or interest interest, if any, on the Securities of such series, deposit with the a designated paying agent a sum sufficient to pay such principal or interest interest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal or interest, if any, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, or if the Guarantor shall act as a paying agent, it will, on or before each due date of the principal of or interest interest, if any, on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of Persons entitled to such series or the Coupons appertaining thereto principal and interest, if any, a sum sufficient to pay such principal or interest interest, if any, so becoming duedue until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject pursuant to Section 10.01 and to the terms of any series of Securities, 9.1 the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer Issuer, the Guarantor or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 9.3 and 11.049.4.
Appears in 2 contracts
Sources: Indenture (Textron Financial Canada Funding Corp), Indenture (Textron Financial Canada Funding Corp)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b3.03(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Whenever the Issuer shall have one or more paying agents for any series of Securities, it will, on or before each due date of the principal of or interest on any Securities of such series, deposit with the paying agent or agents for the Securities of such series a sum, by 10:00 a.m. New York time in immediately available funds on the payment date, sufficient to pay the principal or interest so becoming due with respect to the Securities of such series, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee in writing of any failure so to act. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 and 11.04Section 9.05.
Appears in 2 contracts
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,, and
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum or sums in the required currencies sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 2 contracts
Sources: Indenture (J P Morgan Chase & Co), Indenture (J P Morgan Chase & Co)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Issuer, the Guarantor or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by the Guarantor or any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.03 and 11.049.04.
Appears in 2 contracts
Sources: Senior Indenture (Teva Pharmaceutical Industries LTD), Senior Indenture (Teva Pharmaceutical Industries LTD)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.04.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Morgan Stanley Capital Trust XI), Junior Subordinated Indenture (Morgan Stanley Capital Trust XI)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any seriesSeries, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent Agent for the payment of the principal of or interest on the Securities of such series Series or Coupons (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such seriesSeries or Coupons) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, Series or of the Trustee, and upon the occurrence of an Event of Default pay over all such sums received by it to the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such seriesSeries) to make any payment of the principal of or interest on the Securities of such series Series or Coupons when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to give the Trustee upon the Trustee's written request at notice of any time during the continuance change of the failure referred to in clause (b) aboveaddress of any Holder of which it is aware. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Securities of any seriesSeries or Coupons, it will, on or before each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series Series or the Holders of such Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series Series of Securities or Coupons hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series Series by the Issuer Company or any paying agent Paying Agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 2 contracts
Sources: Indenture (Cna Financial Corp), Indenture (Cna Financial Corp)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest interest, if any, on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,, and
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest interest, if any, on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer will, on or prior to 10:00 a.m. on each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.4 and 11.0410.5.
Appears in 2 contracts
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee written notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and,
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.03(b) above, and
(d) that it will perform all other duties of paying agent as set forth in the Indenture. The Issuer willshall, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will shall promptly notify the Trustee in writing of any failure to take such action. If the an Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee in writing of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.05 and 11.049.06. Upon any Event of Default under clauses (4) or (5) of Section 4.01, the Trustee shall automatically be the Paying Agent.
Appears in 2 contracts
Sources: Indenture (Intuit Inc), Indenture (Intuit Inc)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Subordinated Securities of any series, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Subordinated Securities of such series (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Subordinated Securities of such series) in trust for the benefit of the Holders of the Subordinated Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Subordinated Securities of such series) to make any payment of the principal of or interest on the Subordinated Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in the foregoing clause (b) above). The Issuer Company will, on or prior to each due date of the principal of or interest on the Subordinated Securities of such series, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Subordinated Securities of any series, it will, on or before each due date of the principal of or interest on the Subordinated Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Subordinated Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Subordinated Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer Company or any paying agent Paying Agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 2 contracts
Sources: Subordinated Indenture (Quadramed Corp), Subordinated Indenture (Healthsouth Corp)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in the foregoing clause (b) above). The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.5 and 11.0410.6.
Appears in 2 contracts
Sources: Indenture (Smart Balance, Inc.), Indenture (Smart Balance, Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and,
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.04(b) above, and
(d) that it will perform all other duties of paying agent as set forth in the Indenture. The Issuer willshall, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will shall promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.05 and 11.049.06.
Appears in 2 contracts
Sources: Indenture (Trinet Group, Inc.), Indenture (Trinet Group Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Issuer, the Guarantor or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by the Guarantor or any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or the Business Day prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum in immediately available funds sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee in writing of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 9.03 and 11.049.04. For the avoidance of doubt, any paying agent hereunder shall comply with applicable backup withholding tax and information reporting requirements under the U.S. Internal Revenue Code of 1986, as amended, and the U.S. Treasury Regulations promulgated thereunder with respect to payments made under the Securities of any series (including, to the extent required, the collection of Internal Revenue Service Forms W-8 and W-9 and the filing of U.S. Internal Revenue Service Forms 1099 and 1096).
Appears in 2 contracts
Sources: Senior Debt Indenture (Gazit Group Financial LLC), Subordinated Debt Indenture (Gazit Group Financial LLC)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and,
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.03(b) above, and
(d) that it will perform all other duties of paying agent as set forth in the Indenture. The Issuer willCompany shall, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will Company shall promptly notify the Trustee of any failure to take such action. If the Issuer an Company shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer Company or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.05 and 11.049.06.
Appears in 2 contracts
Sources: Indenture (Palo Alto Networks Inc), Indenture (Palo Alto Networks Inc)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any seriesSeries, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent Agent for the payment of the principal of or interest on the Securities of such series Series or Coupons (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such seriesSeries or Coupons) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, Series or of the Trustee, and upon the occurrence of an Event of Default pay over all such sums received by it to the Trustee,
(b) that it will give the Trustee written notice of any failure by the Issuer Company (or by any other obligor on the Securities of such seriesSeries) to make any payment of the principal principle of or interest on the Securities of such series Series or Coupons when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to give the Trustee upon the Trustee's written request at notice of any time during the continuance change of the failure referred to in clause (b) aboveaddress of any Holder of which it is aware. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee in writing of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Securities of any seriesSeries or Coupons, it will, on or before each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series Series or the Holders of such Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee in writing of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series Series of Securities or Coupons hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series Series by the Issuer Company or any paying agent Paying Agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 2 contracts
Sources: Indenture (Enhance Financial Services Group Inc), Indenture (Enhance Financial Services Group Inc)
Paying Agents. Whenever the Issuer or the Guarantor shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest money due and payable on the Securities of such series (whether such sums have been paid to it by the Issuer Issuer, the Guarantor or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,, and
(b) that it will give the Trustee notice of any failure by the Issuer (Issuer, the Guarantor or by any other obligor on the Securities of such series) series to make any payment of the principal of or interest money due and payable on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer or the Guarantor will, on or prior to each due payment date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum or sums in the required currencies sufficient to pay such principal or interest so the money becoming due, and (unless such paying agent is the Trustee) the Issuer or the Guarantor, as the case may be, will promptly notify the Trustee of any failure to take such action. If the Issuer or the Guarantor shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due payment date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so the money becoming due. The Issuer or the Guarantor, as the case may be, will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of SecuritiesSection 10.01, the Issuer or the Guarantor may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer Issuer, the Guarantor or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.03 and 11.0410.04.
Appears in 2 contracts
Sources: Warrant Indenture (JPMorgan Chase Financial Co. LLC), Paying Agent, Registrar & Transfer Agent and Authenticating Agent Agreement (JPMorgan Chase Financial Co. LLC)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,:
(a) that it such paying agent will hold all sums received by it as such agent for the payment of the principal of or interest interest, if any, on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series entitled thereto or of the Trustee,Trustee until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(b) that it such paying agent will give the Trustee prompt notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of any such failure, upon the failure referred written request of the Trustee, forthwith pay to the Trustee all sums so held in clause (b) abovetrust by such paying agent. The Issuer will, on or prior to each due date of the principal of or interest interest, if any, on the Securities of such any series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders of the Securities of such series entitled to such principal or interest, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest interest, if any, on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest interest, if any, so becoming duedue until such sums shall be paid to such Holders or otherwise disposed of as herein provided. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained, and, upon such payment by any paying agent to the Trustee, such paying agent shall be released from all further liability with respect to such money. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 2 contracts
Sources: Indenture (CMS Energy Corp), Indenture (CMS Energy Trust Ii)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and,
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.03(b) above, and
(d) that it will perform all other duties of paying agent as set forth in this Indenture. The Issuer willshall, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will shall promptly notify the Trustee of any failure to take such action. If the an Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.04.
Appears in 2 contracts
Sources: Indenture (Leidos Holdings, Inc.), Indenture (Leidos Holdings, Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in the foregoing clause (b) above). The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities9.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.04.
Appears in 2 contracts
Sources: Indenture (Global Crossing LTD), Indenture (Metromedia Fiber Network Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and,
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request will, at any time during the continuance of any such failure, upon the failure referred written request of the Trustee, forthwith pay to the Trustee all sums so held in clause trust by such paying agent, and
(bd) abovethat it will in all respects comply with the provisions of the Trust Indenture Act of 1939 applicable to such paying agent. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, such sum to be held as provided in the Trust Indenture Act of 1939, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming duedue until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, hereunder or with respect to this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 2 contracts
Sources: Subordinated Indenture (McMoran Exploration Co /De/), Subordinated Indenture (Freeport McMoran Copper & Gold Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Issuer, the Guarantor or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by the Guarantor or any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.03 and 11.049.04.
Appears in 2 contracts
Sources: Senior Indenture (Orvet Pharmaceuticals Finance Sa), Subordinated Indenture (Orvet Pharmaceuticals Finance Sa)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held by it in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 Section 9.03 and 11.049.04.
Appears in 1 contract
Sources: Indenture (Murphy Oil Corp /De)
Paying Agents. Whenever the Issuer shall appoint a paying agent with respect to the Securities of any series other than the Trustee with respect to the Securities of any such series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this SectionSection 3.04,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause subsection (b) above. The Issuer will, on or prior to 10:00 a.m., Sydney time, on each due date of the principal of or interest on the Securities of such series, deposit or cause to be deposited with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. The paying agent shall not be bound to make any payment until it has received in immediately available and cleared funds the full amount due to be paid to it pursuant to this Section 3.04(c). If the paying agent pays out any amount due in respect of the Securities before receipt of the amount due under this Section 3.04(c), the Issuer shall on demand reimburse the paying agent for the relevant amount and pay interest to the paying agent on such amount that is outstanding from the date on which it is paid out to the date of reimbursement at the rate per annum equal to the cost to the paying agent of funding the amount paid out, as certified by the paying agent. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section 3.04 to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this SectionSection 3.04, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section 3.04 to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section 3.04 is subject to the provisions of Sections 10.03 9.03 and 11.049.04.”
(d) Section 3.05 of the Base Indenture is hereby replaced in its entirety by a new Section 3.05, which shall read as follows:
Appears in 1 contract
Sources: Supplemental Indenture (Sumitomo Mitsui Financial Group, Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,, and
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 1 contract
Sources: Indenture (Nyc Newco Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held by it in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 9.03 and 11.049.04.
Appears in 1 contract
Sources: Indenture (Murphy Oil Corp /De)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of any such default, upon written request of the failure referred Trustee, forthwith to pay to the Trustee all sums so held in clause (b) abovetrust by the paying agent. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.04.
Appears in 1 contract
Sources: Indenture (Chubb Capital Trust Iii)
Paying Agents. Whenever The Bank of New York Mellon is hereby appointed by the Issuer Company, and accepts such appointment, as initial Paying Agent. The initial Paying Agent ▇▇▇▇▇▇ agrees, and whenever the Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any seriesTrustee, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee, and that it will pay the principal of, and interest on, each series of Securities as provided in this Perpetual Subordinated Indenture,
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (bSection 3.04(b) above. The Issuer Company will, by 10:00 a.m., New York City time, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer Company or any paying agent Paying Agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 Section 9.03 and 11.04Section 9.04.
Appears in 1 contract
Sources: Perpetual Subordinated Indenture (Mitsubishi Ufj Financial Group Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of SecuritiesSection 10.01, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 Section 10.03 and 11.04Section 10.04.
Appears in 1 contract
Sources: Subordinated Indenture (Bbva Compass Bancshares, Inc)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of any such failure, upon the failure referred written request of the Trustee, it will forthwith pay to the Trustee all sums so held in clause (b) abovetrust by such paying agent. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. The Company or any Subsidiary of the Company may act as Paying Agent. If the Issuer Company shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.01, the Issuer Company or the Guarantor[s] may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer Company, the Guarantor[s] or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.0410.04.
Appears in 1 contract
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Issuer or the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the TrusteeTrustee until such sums shall be paid or otherwise disposed of as provided herein,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the any and all paying agent agents a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of its action or any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of its action or any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.04.
Appears in 1 contract
Sources: Senior Subordinated Indenture (Hei Preferred Funding L P)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities Debentures of any series, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section,:
(a) that it will hold all sums received by it as such agent Paying Agent for the payment of the principal of or interest on the Securities Debentures of such any series (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such seriesDebentures) in trust for the benefit of the Holders of the Securities Debentures of such series, or Coupons appertaining thereto, if any, series or of the Trustee,, and upon the occurrence of an Event of Default and upon the written request of the Trustee, pay over all such sums received by it to the Trustee; and
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such seriesDebentures) to make any payment of the principal of or interest on the Securities of such series Debentures when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such seriesDebentures, deposit in a timely manner with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming duedue (such deposit with respect to the Convertible Debentures to be made separately from such deposit with respect to the Non-Convertible Debentures), and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Securities of any seriesDebentures, it will, on or before each due date of the principal of or interest on the Securities of such seriesDebentures, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities Convertible Debentures and, separately, the holders of such series or the Coupons appertaining thereto Non-Convertible Debentures, a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.04.
Appears in 1 contract
Sources: Indenture (Capital Trust Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer will, on or prior to each due date of the principal of or interest on or any Additional Amounts with respect to the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest or any Additional Amounts so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on or any Additional Amounts with respect to the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.04.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Pxre Capital Trust Iv)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Issuer, the Guarantor or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by the Guarantor or any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or the Business Day prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum in immediately available funds in United States dollars sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 9.03 and 11.049.04. For the avoidance of doubt, any paying agent hereunder shall comply with applicable backup withholding tax and information reporting requirements under the U.S. Internal Revenue Code of 1986, as amended, and the U.S. Treasury Regulations promulgated thereunder with respect to payments made under the Securities of any series (including, to the extent required, the collection of Internal Revenue Service Forms W-8 and W-9 and the filing of U.S. Internal Revenue Service Forms 1099 and 1096.
Appears in 1 contract
Sources: Senior Indenture (Teva Pharmaceutical Industries LTD)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,;
(b) that it will give the Trustee written notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in the foregoing clause (b) above). The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.04.
Appears in 1 contract
Sources: Indenture (Con-Way Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and,
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.03(b) above, and
(d) that it will perform all other duties of paying agent as set forth in the Indenture. The Issuer willshall, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will shall promptly notify the Trustee of any failure to take such action. If the an Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge discharge, or defeasance, with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.05 and 11.049.06.
Appears in 1 contract
Sources: Indenture (Adobe Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Issuer, the Guarantor or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by the Guarantor or any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer or the Guarantor will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer or the Guarantor will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent agent, or if the Guarantor shall act as paying agent, with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer or the Guarantor may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer Issuer, the Guarantor or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.03 and 11.049.04.
Appears in 1 contract
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any seriesSeries, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Agent shall agree with the Trustee, subject to the provisions of this Section,Section 3.03:
(a) that it will hold all sums amounts received by it as such agent Paying Agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) Series in trust for the benefit of the Holders of the Securities of such seriesSeries and, or Coupons appertaining thereto, if any, or upon the occurrence of an Event of Default and upon the written request of the Trustee,, pay over all such amounts received by it to the Trustee; and
(b) that it will give the Trustee notice of any failure by the Issuer (Company or by any other obligor on the Securities of such series) Series to make any payment of the principal of or interest on the Securities of such series Series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer will, on On or prior to each due date of the principal of or interest on the Securities of such seriesSeries, the Company will deposit with the paying agent a sum Paying Agent sufficient funds to pay such principal or interest so becoming duedue and, and (unless such paying agent Paying Agent is the Trustee) the Issuer will promptly , notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Securities of any series, it willSeries, on or before each due date of the principal of or interest on the Securities of such series, Series it will set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum Series sufficient funds to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at At any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series Series of Securities hereunder, or for any other reason, the Company may pay or cause to be paid to the Trustee all sums amounts held in trust for any such series Series by the Issuer Company or any paying agent hereunder, as required by this SectionPaying Agent, such sums amounts to be held by the Trustee upon the trusts herein containedin trust pursuant to this Indenture. Anything in this Section to the contrary notwithstanding, the The agreement to hold sums amounts in trust as provided in this Section 3.03 is subject to the provisions of Sections 10.03 and 11.0410.04.
Appears in 1 contract
Sources: Indenture (Fluor Corp)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and,
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.04(b) above, and
(d) that it will perform all other duties of paying agent as set forth in this Indenture. The Issuer willshall, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will shall promptly notify the Trustee in writing of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee in writing of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid or delivered to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.05 and 11.049.06. Upon any Event of Default under Section 4.01(e) or Section 4.01(f), the Trustee shall automatically be the Paying Agent.
Appears in 1 contract
Sources: Indenture (Lightning eMotors, Inc.)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,:
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in the foregoing clause (b) above). The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 1 contract
Sources: Indenture (Wynn Resorts LTD)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such seriesseries (but no later than 10:00 a.m. New York City time on an interest payment date in the case of payments of interest), deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of SecuritiesSection 10.01, the Issuer or the Guarantor may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer Issuer, the Guarantor or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.03 and 11.0410.04.
Appears in 1 contract
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Issuer, the Guarantor or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by the Guarantor or any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or the Business Day prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum in immediately available funds in United States dollars sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 9.03 and 11.049.04. For the avoidance of doubt, any paying agent hereunder shall comply with applicable backup withholding tax and information reporting requirements under the U.S. Internal Revenue Code of 1986, as amended, and the U.S. Treasury Regulations promulgated thereunder with respect to payments made under the Securities of any series (including, to the extent required, the collection of Internal Revenue Service Forms W-8 and W-9 and the filing of U.S. Internal Revenue Service Forms 1099 and 1096).
Appears in 1 contract
Sources: Senior Indenture (Teva Pharmaceutical Industries LTD)
Paying Agents. Whenever the Issuer shall appoint a paying agent Paying Agent other than the Trustee or itself with respect to the Securities of any seriesSubordinated Notes, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) Subordinated Notes in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, Noteholders or of the Trustee,;
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series Subordinated Notes when the same shall be due and payable, ; and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's ’s written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such seriesSubordinated Notes, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent Paying Agent with respect to the Securities of any seriesSubordinated Notes, it will, on or before each due date of the principal of or interest on the Securities of such seriesSubordinated Notes, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto Noteholders a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunderthe Subordinated Notes, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series Subordinated Notes by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 8.03 and 11.048.04.
Appears in 1 contract
Sources: Indenture (Abn Amro Bank Nv)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of any such failure, upon the failure referred written request of the Trustee, it will forthwith pay to the Trustee all sums so held in clause (b) abovetrust by such paying agent. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.01, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.0410.04.
Appears in 1 contract
Sources: Indenture (Texas Instruments Inc)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any seriesSeries, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent Agent for the payment of the principal of or interest on the Securities of such series Series or Coupons (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such seriesSeries or Coupons) in trust for the benefit of the Holders of the Securities of such series, Series or Coupons appertaining thereto, if any, or of the Trustee, and upon the occurrence of an Event of Default and upon the written request of the Trustee, pay over all such sums received by it to the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such seriesSeries) to make any payment of the principal of or interest on the Securities of such series Series or Coupons when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to give the Trustee upon the Trustee's written request at notice of any time during the continuance change of the failure referred to in clause (b) aboveaddress of any Holder of which it is aware. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Securities of any seriesSeries or Coupons, it will, on or before each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series Series or the Holders of such Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series Series of Securities or Coupons hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series Series by the Issuer Company or any paying agent Paying Agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.04.
Appears in 1 contract
Sources: Indenture (Kellogg Co)
Paying Agents. Whenever the Issuer Corporation shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any seriesSeries, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Agent shall agree with the Trustee, subject to the provisions of this Section,
(a) 1. that it will hold all sums received by it as such agent Agent for the payment of the principal of or interest on the Securities of such series Series (whether such sums have been paid to it by the Issuer Corporation or by any other obligor on the Securities of such seriesSeries) in trust for the benefit of the Holders of the Securities of such seriesSeries, or Coupons appertaining thereto, if any, or of the Trustee,, and upon the occurrence of an Event of Default and upon the written request of the Trustee, pay over all such sums received by it to the Trustee, and
(b) 2. that it will give the Trustee notice of any failure by the Issuer Corporation (or by any other obligor on the Securities of such seriesSeries) to make any payment of the principal of or interest on the Securities of such series Series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer Corporation will, on or prior to each due date of the principal of or interest on the Securities of such seriesSeries, deposit in a timely manner with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Corporation will promptly notify the Trustee of any failure to take such action. If the Issuer Corporation shall act as its own paying agent Paying Agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such seriesSeries, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series Series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Corporation will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer Corporation may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series Series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series Series by the Issuer Corporation or any paying agent Paying Agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 1 contract
Sources: Indenture (Usg Corp)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of any such failure, upon the failure referred written request of the Trustee, it will forthwith pay to the Trustee all sums so held in clause (b) abovetrust by such paying agent. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities10.01, the Issuer Company or the Guarantor may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer Company, the Guarantor or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.0410.04.
Appears in 1 contract
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee written notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 and 11.04.
Appears in 1 contract
Sources: Indenture (Crane Co /De/)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any seriesSeries, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent Agent for the payment of the principal of or interest on the Securities of such series Series or Coupons (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such seriesSeries or Coupons) in trust for the benefit of the Holders of the Securities of such series, Series or Coupons appertaining thereto, if any, or of the Trustee, and upon the occurrence of an Event of Default and upon the written request of the Trustee, pay over all such sums received by it to the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such seriesSeries) to make any payment of the principal of or interest on the Securities of such series Series or Coupons when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to give the Trustee upon the Trustee's written request at notice of any time during the continuance change of the failure referred to in clause (b) aboveaddress of any Holder of which it is aware. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Securities of any seriesSeries or Coupons, it will, on or before each due date of the principal of or interest on the Securities of such seriesSeries or Coupons, set aside, segregate and hold in trust for the benefit of the 33 Holders of the Securities of such series Series or the Holders of such Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series Series of Securities or Coupons hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series Series by the Issuer Company or any paying agent Paying Agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 1 contract
Paying Agents. Whenever the Issuer Corporation shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any seriesSeries, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Agent shall agree with the Trustee, subject to the provisions of this Section,
(a) 1. that it will hold all sums received by it as such agent Agent for the payment of the principal of or interest on the Securities of such series Series (whether such sums have been paid to it by the Issuer Corporation or by any other obligor on the Securities of such seriesSeries) in trust for the benefit of the Holders of the Securities of such seriesSeries, or Coupons appertaining thereto, if any, or of the Trustee,, and upon the occurrence of an Event of Default and upon the written request of the Trustee, pay over all such sums received by it to the Trustee, and
(b) 2. that it will give the Trustee notice of any failure by the Issuer Corporation (or by any other obligor on the Securities of such seriesSeries) to make any payment of the principal of or interest on the Securities of such series Series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) above. The Issuer Corporation will, on or prior to each due date of the principal of or interest on the Securities of such seriesSeries, deposit in a timely manner with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Corporation will promptly notify the Trustee of any failure to take such action. If the Issuer Corporation shall act as its own paying agent Paying Agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such seriesSeries, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series Series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Corporation will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstandingnotwithstand- ing, but subject to Section 10.01 and to the terms of any series of Securities10.1, the Issuer Corporation may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series Series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series Series by the Issuer Corporation or any paying agent Paying Agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 1 contract
Sources: Indenture (Usg Corp)
Paying Agents. Whenever the Issuer shall appoint a paying agent other than the Trustee with respect to the Securities of any series, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section,, that it will
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series, or Coupons appertaining thereto, if any, series or of the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b3.04(b) above. The Issuer will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent a sum sufficient to pay such the principal or interest so becoming due, and (unless such paying agent is the Trustee) the Issuer will promptly notify the Trustee of any failure to take such action. If the Issuer shall act as its own paying agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series by the Issuer or any paying agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section section is subject to the provisions of Sections 10.03 Section 9.03 and 11.049.04.
Appears in 1 contract
Sources: Indenture (E Trade Group Inc)
Paying Agents. Whenever the Issuer shall appoint a paying agent The Company will cause each Paying Agent, if any, other than the Trustee with respect to the Securities of any seriesTrustee, it will cause such paying agent to execute and deliver to the Trustee an instrument in which such agent shall will agree with the Trustee, subject to the provisions of this Section,Section 3.4 that such Paying Agent will:
(a) that it will hold all sums received by it as such agent for the payment of the principal of or interest on the Securities of such series (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if anythe Coupons, or of the Trustee,, until such sums will be paid to such Holders or otherwise disposed of as herein provided;
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall will be due and payable, ; and
(c) that it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, forthwith pay any such to the Trustee all sums so held in trust by it to the Trustee upon the Trustee's written request at any time during the continuance of the failure referred to in clause (b) aboveas such Paying Agent. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such series, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of its action or any failure to take such action. If the Issuer shall act Company acts as its own paying agent Paying Agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the any Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of its action or any failure to take such actionaction or the failure by any other obligor on such Securities to make any payment of the principal of or interest on such Securities when the same are due and payable. Anything in this Section 3.4 to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid paid, or by Company Order direct any Paying Agent to pay to the Trustee Trustee, all sums held in trust for any such series by the Issuer Company or any paying agent hereunderPaying Agent, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section 3.4 to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section 3.4 is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 1 contract
Sources: Indenture (Ecolab Inc)
Paying Agents. Whenever the Issuer Company shall appoint a paying agent Paying Agent other than the Trustee with respect to the Securities of any seriesSeries, it will cause such paying agent Paying Agent to execute and deliver to the Trustee an instrument in which such agent Agent shall agree with the Trustee, subject to the provisions of this Section,
(a) that it will hold all sums received by it as such agent Agent for the payment of the principal of or interest on the Securities of such series Series (whether such sums have been paid to it by the Issuer Company or by any other obligor on the Securities of such seriesSeries) in trust for the benefit of the Holders of the Securities of such series, or Coupons appertaining thereto, if any, Series or of the Trustee, and upon the occurrence of an Event of Default and upon the written request of the Trustee, pay over all such sums received by it to the Trustee,
(b) that it will give the Trustee notice of any failure by the Issuer Company (or by any other obligor on the Securities of such seriesSeries) to make any payment of the principal of or interest on the Securities of such series Series when the same shall be due and payable, and
(c) that it will pay any such sums so held in trust by it to give the Trustee upon the Trustee's written request at notice of any time during the continuance change of the failure referred to in clause (b) aboveaddress of any Holder of which it is aware. The Issuer Company will, on or prior to each due date of the principal of or interest on the Securities of such seriesSeries, deposit with the paying agent Paying Agent a sum sufficient to pay such principal or interest so becoming due, and (unless such paying agent Paying Agent is the Trustee) the Issuer Company will promptly notify the Trustee of any failure to take such action. If the Issuer Company shall act as its own paying agent Paying Agent with respect to the Securities of any seriesSeries, it will, on or before each due date of the principal of or interest on the Securities of such seriesSeries, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto Series a sum sufficient to pay such principal or interest so becoming due. The Issuer Company will promptly notify the Trustee of any failure to take such action. Anything in this Section to the contrary notwithstanding, but subject to Section 10.01 and to the terms of any series of Securities, the Issuer Company may at any time, for the purpose of obtaining a satisfaction and discharge with respect to one or more or all series Series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for any such series Series by the Issuer Company or any paying agent Paying Agent hereunder, as required by this Section, such sums to be held by the Trustee upon the trusts herein contained. Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 10.03 10.3 and 11.0410.4.
Appears in 1 contract
Sources: Indenture (Office Depot Inc)