Common use of Payment on Notes Clause in Contracts

Payment on Notes. (a) Section 2.08(a) the Indenture is hereby amended and restated in its entirety as follows: (a) With respect to each Payment Date, any cash interest, payable on the Notes shall be paid to the Person that is the registered Holder thereof at the close of business on the related Record Date (subject to the special record date provisions of this Indenture) and any PIK Payment shall be paid by adding such amount to the outstanding Note Balance of the relevant Notes on such Record Date. Principal, premium, if any, and cash interest on the Notes shall be payable at the office or agency of the Issuer maintained for such purpose. The Note Balance increases caused by the addition of the PIK Payment shall be evidenced in writing only by the Issuer, which writing shall be (x) evidenced in the form of an Issuer Order delivered to the Indenture Trustee as set forth in and subject to Section 2.08(e) and (y) deemed correct and shall be conclusive, binding and final for all purposes, absent manifest error. In lieu of the issuance of Additional Notes reflecting the change of a Note Balance due to any PIK Payment, the Indenture Trustee shall keep a written record of each such PIK Payment in a ledger it shall maintain for such purpose. Payments of cash interest, principal and other amounts on the Notes shall be made by wire transfer to such account as such Holder shall designate by written instruction received by the Indenture Trustee not later than five Business Days prior to the applicable Payment Date. Such payments shall be in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts.” (b) The last paragraph of Section 2.08 is hereby revised to insert “(e)” in the beginning of the paragraph immediately before the word “The”.

Payment on Notes. (a) Section 2.08(a) The Company shall use its best efforts to provide to the Indenture is hereby amended and restated Paying Agent, in its entirety as follows: (a) With respect immediately available funds on or prior to 10:00 a.m., New York time, on each Interest Payment Date or the applicable Maturity Date or Redemption Date, such amount, in U.S. dollars, as is necessary to make such payment as is due, and the Company hereby authorizes and directs the Paying Agent from funds so provided to it to make or cause to be made payment of the principal of and interest on, and Make-Whole Amount with respect to, the Notes in the manner, at the times and for the purposes set forth herein and in the text of the Notes; provided that any cash interest, payable payment of interest on the Notes shall may be paid made on the Payment Date by check mailed to the Person that is the registered Holder thereof at Noteholders as of the close of business on the related Record Date (subject to the special record date provisions of this Indenture) and any PIK Payment shall be paid by adding such amount to the outstanding Note Balance of the relevant Notes on such Record Date. Principal, premium, if anyPayments of interest on or principal of, and cash any Make-Whole Amount with respect to, the Notes may be made, in the case of a Noteholder of at least $5,000,000 aggregate principal amount of Notes, by electronic funds transfer providing immediately available funds on the Payment Date to an account maintained by the payee with a bank if such Noteholder so elects by giving written notice to the Paying Agent, not less than 15 days prior to the date on which such payments are scheduled to be made, of such election and of the account to which payment is to be made. Unless such designation is revoked not less than 15 days prior to a Payment Date, any such designation made by such Noteholder with respect to such Notes shall remain in effect with respect to any future payments with respect to the Notes payable to such Noteholder. The Company shall pay any reasonable administrative costs in connection with making any such payments. Any monies held in respect of the Notes remaining unclaimed at the end of two years after such amounts shall have become payable (whether at the Maturity Date, Redemption Date or otherwise) and monies sufficient therefor shall have been duly made available for payment shall, together with any interest made available for payment thereon, be repaid to the Company upon written request and upon such repayment all liability of the Fiscal Agent with respect thereto shall cease, without, however, limiting in any way any obligation the Company may have to pay principal of and interest on the Notes shall be payable at the office or agency of the Issuer maintained for such purpose. The Note Balance increases caused by the addition of the PIK Payment shall be evidenced in writing only by the Issuer, which writing shall be (x) evidenced in the form of an Issuer Order delivered to the Indenture Trustee as set forth in and subject to Section 2.08(e) and (y) deemed correct and shall be conclusive, binding and final for all purposes, absent manifest error. In lieu of the issuance of Additional Notes reflecting the change of a Note Balance due to any PIK Payment, the Indenture Trustee shall keep a written record of each such PIK Payment in a ledger it shall maintain for such purpose. Payments of cash interest, principal and other amounts on the Notes shall be made by wire transfer to such account as such Holder shall designate by written instruction received by the Indenture Trustee not later than five Business Days prior to the applicable Payment Date. Such payments shall be in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debtsMake-Whole Amount.” (b) Interest will continue to accrue at (i) the Stated Rate on any unpaid principal, and (ii) to the extent permitted by applicable law, the Default Rate on any payment of interest which is not punctually paid or duly provided for on the applicable Interest Payment Date, in each case to, but not including, the date of actual payment. (c) The last paragraph Company shall require each Paying Agent other than the Fiscal Agent to agree in writing that the Paying Agent will hold in trust for the benefit of Section 2.08 Noteholders or the Fiscal Agent all money held by the Paying Agent for the payment of principal of or interest on, or the Make-Whole Amount with respect to, the Notes, and will notify the Fiscal Agent of any failure by the Company to make any such payment. Until any such failure has been remedied, the Fiscal Agent may require a Paying Agent to pay all money held by it to the Fiscal Agent. In the event the Company wishes to terminate the Fiscal Agent's appointment as Paying Agent, the Company shall provide 30 days' prior written notice to the Fiscal Agent that the Fiscal Agent's appointment to act as Paying Agent is hereby revised so terminated and the Fiscal Agent may rely on such notice. The Company at any time may require a Paying Agent to insert “(e)” in pay all money held by the beginning of Paying Agent to the paragraph immediately before Fiscal Agent. Upon doing so the word “The”Paying Agent shall have no further liability for the money so paid.

Payment on Notes. (a) Section 2.08(a) The principal of, the Indenture is hereby amended and restated in its entirety as follows: (a) With respect to each Payment Date, any cash interest, payable on the Notes shall be paid to the Person that is the registered Holder thereof at the close of business on the related Record Date (subject to the special record date provisions of this Indenture) and any PIK Payment shall be paid by adding such amount to the outstanding Note Balance of the relevant Notes on such Record Date. Principal, premiumPremium, if any, interest on, and cash interest on any other amounts payable with respect to, the Notes shall be payable at the principal office or agency of the Issuer maintained for such purpose. The Note Balance increases caused by the addition of the PIK Payment shall be evidenced Indenture Trustee, in writing only by the Issuer, which writing shall be (x) evidenced in the form of an Issuer Order delivered to the Indenture Trustee as set forth in and subject to Section 2.08(e) and (y) deemed correct and shall be conclusive, binding and final for all purposes, absent manifest error. In lieu of the issuance of Additional Notes reflecting the change of a Note Balance due to any PIK Payment, the Indenture Trustee shall keep a written record of each such PIK Payment in a ledger it shall maintain for such purpose. Payments of cash interest, principal and other amounts on the Notes shall be made by wire transfer to such account as such Holder shall designate by written instruction received by the Indenture Trustee not later than five Business Days prior to the applicable Payment Date. Such payments shall be in such coin or currency lawful money of the United States of America as at without surrender or presentation of such Note and without any notation being made thereon. The Holder (or the time of payment Person for whom such Holder is legal tender for payment of public and private debts.”a nominee) will, before selling, transferring or (b) The last paragraph Notwithstanding Section 2.8(a), if any Note is held by the original Note Purchaser, a permitted successor or assign that is an institutional investor or a nominee thereof, Indenture Trustee shall, if requested in writing by such Holder, pay interest on such Note and pay or prepay the principal thereof and the Premium, if any, thereon and shall pay all other amounts due with respect to such Note, by check, duly mailed, by first-class mail, postage prepaid, or delivered to such Holder at its address appearing on the Register. Upon written notice from any Holder that is an original Note Purchaser, a permitted successor or assign that is an institutional investor or a nominee thereof, which notice shall be given not less than 30 days before the payment or prepayment of the Notes (and Section 2.08 is hereby revised to insert “(e)” 2.16 shall constitute such written notice and wire transfer instructions until otherwise designated in the beginning case of the paragraph Note Purchasers), Indenture Trustee will pay interest on such Note and pay or prepay the principal thereof and the Premium, if any thereon, by wire transfer of immediately before available funds to such institution in the word “The”continental United States as such Holder may designate in such notice, such wire transfers to be made on each date on which such payment or prepayment is due if, and only so long as, such institution has facilities for the receipt of a wire transfer. Indenture Trustee will transmit any such wire transfer from its offices not later than 1:00 p.m. (New York time) on each date on which payment or prepayment is due if, and only so long as, available funds therefor have been received by Indenture Trustee by 11:00 a.m. (New York time) on such date or, if Indenture Trustee has not received such available funds, Indenture Trustee will transmit such wire transfer promptly upon receipt of such available funds. (c) A Holder shall have no further interest in, or other right with respect to, the Indenture Estate when and if the principal amount of, Premium, if any, and interest on all