Common use of Payment Permitted If No Default Clause in Contracts

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 or under the conditions described in Section 1203 or 1204, from making payments at any time of principal of and premium, if any, or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of and premium, if any, or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 6 contracts

Sources: Indenture (Personnel Group of America Inc), Indenture (PHP Healthcare Corp), Indenture (Speedway Motorsports Inc)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general debt restructuring, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 1502 or under the conditions described in Section 1203 1503 or 12041504, from making payments at any time of principal of and premium, if any, any premium or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of and premium, if any, any premium or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 6 contracts

Sources: Indenture (Scholastic Corp), Indenture (Scholastic Corp), Indenture (Forest City Enterprises Inc)

Payment Permitted If No Default. Nothing contained in this Article Seventeen or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 1202 1702 or under the conditions described in Section 1203 or 12041703, from making payments at any time of principal of and of, premium, if any, or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of and of, premium, if any, or interest on the Securities or the retention of such payment by the Holders, Holders if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this ArticleArticle Seventeen.

Appears in 5 contracts

Sources: Indenture (Thermo Electron Corp), Indenture (Thermo Electron Corp), Indenture (Thermo Electron Corp)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 13.2 or under the conditions described in Section 1203 13.3 or 120413.4, from making payments at any time of principal of (and premium, if any, ) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities or the retention of such payment by the Holders, Holders if, at the time of such application by the Trustee, it did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 4 contracts

Sources: Indenture (Tech Data Corp), Indenture (Interim Services Inc), Indenture (Tech Data Corp)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company Proceeding referred to in Section 1202 13.02 or under the conditions described in Section 1203 or 1204Sections 13.03 and 13.04, from making payments at any time of principal of and premium, if any, or interest (including any Additional Interest) on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of and premium, if any, or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such payment by the Company or application by the Trustee, as the case may be, it did not have knowledge that such payment or application, as the case may be, would have been prohibited by the provisions of this Article.

Appears in 4 contracts

Sources: Junior Subordinated Indenture (Guaranty Capital Trust I), Junior Subordinated Indenture (Highlands Capital Trust I), Junior Subordinated Indenture (Resource Capital Trust I)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Notes shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 1102 or under the conditions described in Section 1203 1103 or 12041104, from making payments at any time of principal of and premium, if any, or interest on the SecuritiesNotes, or (b) the application by the Trustee or any Paying Agent of any money moneys deposited with it hereunder to the payment of or on account of the principal of and or premium, if any, or interest on the Securities or Notes and the retention of such payment by the Holders, Holders of any moneys so received if, at the time of such application by payment, the Trustee, it Trustee or such Paying Agent did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 3 contracts

Sources: Indenture (Bank United Corp), Indenture (Bank United Corp), Indenture (Bank United Corp)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 14.2 or under the conditions described in Section 1203 or 120414.3, from making payments at any time of principal of and of, premium, if any, or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of and of, premium, if any, or interest on the Securities or the retention of such payment by the Holders, Holders if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 3 contracts

Sources: Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Xtra Missouri Inc)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company Proceeding referred to in Section 1202 1302 or under the conditions described in Section 1203 or 1204Sections 1303 and 1304, from making payments at any time of principal of (and premium, if any, ) or interest on the Securities, or (b) the application by the Trustee of any money or Government Obligations deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 3 contracts

Sources: Junior Subordinated Indenture (Hartford Capital Iv /De/), Junior Subordinated Indenture (Nevada Power Co), Junior Subordinated Indenture (Nevada Power Co)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture Indenture, or in any of the Securities Securities, shall prevent (a) the Company, at any time except during the pendency of any casedissolution, proceeding, dissolutionwinding up, liquidation or other winding up, general assignment for the benefit of creditors reorganization or other marshalling of assets and liabilities of the Company similar proceedings referred to in Section 1202 13.3 or under the conditions described in Section 1203 or 120413.2, from making payments at any time of principal of and (or premium, if any, ) or interest (including any Additional Interest) on the Securities, Securities or (b) the application by the Trustee or any Paying Agent of any money moneys deposited with it hereunder to the payment of or on account of the principal of and (or premium, if any, ) or interest (including any Additional Interest) on the Securities or the retention of by such payment by the Holders, if, at the time of such application by application, the TrusteeTrustee or such Paying Agent, it as the case may be, did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 3 contracts

Sources: Junior Subordinated Indenture (Evans Capital Trust III), Trust Agreement (Privatebancorp Capital Trust Iv), Junior Subordinated Indenture (Bridge Statutory Capital Trust I)

Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 12.02 or under the conditions described in Section 1203 or 120412.03, from making payments at any time of principal of (and premium, if any, ) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it a Responsible Officer of the Trustee did not have actual knowledge that such payment would have been prohibited by the provisions of this ArticleArticle XII.

Appears in 2 contracts

Sources: Indenture (Itron Inc /Wa/), Indenture (Spacehab Inc \Wa\)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 13.2 or under the conditions described in Section 1203 13.3 or 120413.4, from making payments at any time of principal of (and premium, if any, ) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities or the retention of such payment by the Holders, Holders if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 2 contracts

Sources: Indenture (Cuc International Inc /De/), Indenture (Uromed Corp)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture Indenture, or in any of the Securities Securities, shall prevent (a) the Company, Company at any time time, except during the conditions described in the first paragraph of Section 13.2 or the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company Proceeding referred to in Section 1202 13.2 or under the conditions described in Section 1203 or 1204Sections 13.3 and 13.4, from making payments at any time of principal of (and premium, if any, ) or interest (including Additional Interest) on the Securities, or (b) the application by the Trustee of any money moneys deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 2 contracts

Sources: Trust Agreement (Usf&g Corp), Trust Agreement (Usf&g Corp)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 1202 or under the conditions described in Section 1203 or 1204, from making payments at any time of principal of and premium, if any, or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of and premium, if any, or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 2 contracts

Sources: Indenture (Atrix Laboratories Inc), Indenture (Nexstar Pharmaceuticals Inc)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 1202 or under the conditions described in Section 1203 or 12041203, from making payments at any time of principal of and (premium, if any, ) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 2 contracts

Sources: Indenture (National Data Corp), Indenture (Reptron Electronics Inc)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities of any series shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 1202 1402 or under the conditions described in Section 1203 1403 or 12041404, from making payments at any time of principal of and premium, if any, or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities of any series or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 2 contracts

Sources: Subordinated Debt Securities Indenture (Cullen/Frost Bankers, Inc.), Subordinated Debt Indenture (Intercontinental Exchange, Inc.)

Payment Permitted If No Default. Nothing contained in this Article VII or elsewhere in this Supplemental Indenture or the Indenture or in any of the Securities 1997A Notes shall prevent (a1) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 7.2 or under the conditions described in Section 1203 or 12047.3, from making payments at any time of principal of (and premium, if any, ) or interest on the Securities1997A Notes, or (b2) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities 1997A Notes or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this ArticleArticle VII.

Appears in 2 contracts

Sources: Supplemental Indenture (Diamond Offshore Drilling Inc), Supplemental Indenture (Diamond Offshore Drilling Inc)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this the Indenture or in any of the Securities of any series shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 1202 3.2 or under the conditions described in Section 1203 Sections 3.3 or 12043.4, from making payments at any time of principal of and premium, if any, or interest on the SecuritiesNotes, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities Notes or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it a Responsible Officer of the Trustee did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 2 contracts

Sources: Second Supplemental Indenture (Axos Financial, Inc.), Second Supplemental Indenture (Axos Financial, Inc.)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 1202 13.2 or under the conditions described in Section 1203 or 120413.3, from making payments at any time of principal of (and premium, if any, ) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 2 contracts

Sources: Indenture (DSC Communications Corp), Indenture (Alcatel Usa Inc)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company Proceeding referred to in Section 1202 1302 or under the conditions described in Section 1203 or 1204Sections 1303 and 1304, from making payments at any time of principal of (and premium, if any, ) or interest on the Securities, or (b) except with respect to the payment over provisions of this Article, the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it the Trustee did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 2 contracts

Sources: Indenture (Boise Cascade Trust Iii), Indenture (Boise Cascade Trust Iii)

Payment Permitted If No Default. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in any of the Securities Notes shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 1202 13.2 or under the conditions described in Section 1203 or 120413.3, from making payments at any time of principal of and (premium, if any, ) or interest on the SecuritiesNotes, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities Notes or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this ArticleArticle Thirteen.

Appears in 2 contracts

Sources: Indenture (Signature Resorts Inc), Indenture (Signature Resorts Inc)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Notes shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 1202 1102 or under the conditions described in Section 1203 1103 or 12041104, from making payments at any time of principal of and premium, if any, or interest on the SecuritiesNotes, or (b) the application by the Trustee or any Paying Agent of any money moneys deposited with it hereunder to the payment of or on account of the principal of and or premium, if any, or interest on the Securities or Notes and the retention of such payment by the Holders, Holders of any moneys so received if, at the time of such application by payment, the Trustee, it Trustee or such Paying Agent did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Indenture (Surety Capital Corp /De/)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Guaranteed Securities or the Guarantee shall prevent (a) the CompanyGuarantor, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company Guarantor Proceeding referred to in Section 1202 1702 or under the conditions described in Section 1203 or 1204Sections 1703 and 1704, from making payments at any time pursuant to the Guarantee of the Guarantor of principal of (and premium, if any, ) or interest on the Guaranteed Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Guaranteed Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Indenture Supplement (Aetna Inc)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent [(a) )] the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 1102 or under the conditions described in Section 1203 1103 or 12041104, from making payments at any time of principal of and premium, if any, or interest on the SecuritiesSecurities [, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of and premium, if any, or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.]. -61- 73

Appears in 1 contract

Sources: Indenture (Microsoft Corp)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 1202 or under the conditions described in Section 1203 or 1204, from making payments at any time of principal of and premium, if any, or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Indenture (Zions Bancorporation /Ut/)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyGuarantor, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company Guarantor referred to in Section 1202 1302 or under the conditions described in Section 1203 1303 or 12041304, from making payments at any time of principal of and premium, if any, or interest on under the SecuritiesGuarantees, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Indenture (Zions Financial Corp)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 or under the conditions described in Section 1203 or 1204, from making payments at any time of principal of and premium, if any, or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of and premium, if any, or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Indenture (Hilb Rogal & Hamilton Co /Va/)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 1202, or under the conditions described in Section Sections 1203 or and 1204, from making payments at any time of principal of (and premium, if any, ) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Indenture (Southern Mineral Corp)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities of any series shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 1202 1502 or under the conditions described in Section 1203 1503 or 12041504, from making payments at any time of principal of and premium, if any, or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities of any series or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Subordinated Debt Indenture (NYSE Holdings LLC)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 or under the conditions described in Section 1203 or 1204, from making payments at any time of principal of (and premium, if any, ) or interest on the Securities, or (b) the application by the Trustee or any Paying Agent of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities or the retention of such payment by the HoldersHolder of any moneys so received, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Indenture (First State Bancorporation)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyCorporation, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company Corporation referred to in Section 1202 1402 or under the conditions described in Section 1203 1403 or 12041404, from making payments at any time of principal of and or premium, if any, or interest on the Securities, or (b) the application by the Trustee or any Paying Agent of any money moneys deposited with it hereunder to the payment of or on account of the principal of and or premium, if any, or interest on the Securities or and the retention of such payment by the Holders, Holders of any moneys so received if, at the time of such application by payment, the Trustee, it Trustee or such Paying Agent did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Indenture (Bankers Trust New York Corp)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyCorporation, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company Corporation referred to in Section 1202 12.2 or under the conditions described in Section 1203 12.3 or 120412.4, from making payments at any time of principal of (and premium, if any, ) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities of any series or the retention of such payment by the HoldersHolder, if, at the time of such application by the Trustee, it did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Junior Subordinated Indenture (Riggs Capital Ii)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 1302 or under the conditions described in Section 1203 1303 or 12041304, from making payments at any time of principal of and premium, if any, or interest on the Securities, or (b) the application by the Trustee or any Paying Agent of any money moneys deposited with it hereunder to the payment of or on account of the principal of and (or premium, if any, ) or interest on the Securities or and the retention of such payment by the Holders, Holders of any moneys so received if, at the time of such application by the Trusteepayment, it such Paying Agent did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Indenture (Bny Capital V)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyCorporation, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company Corporation referred to in Section 1202 12.2 or under the conditions described in Section 1203 12.3 or 120412.4, from making payments at any time of principal of (and premium, if any, ) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities of any series or the retention of such payment by the HoldersHolder, if, at the time of such application by the Trustee, it did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Junior Subordinated Indenture (Riggs National Corp)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 or under the conditions described in Section 1203 or 1204, from making payments at any time of principal of and premium, interest or liquidated damages, if any, or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of and premium, if any, or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Indenture (Res Care Inc /Ky/)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 1202 12.2 or under the conditions described in Section 1203 12.3 or 120412.4, from making payments at any time of principal of and premium, if any, or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of and premium, if any, or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Indenture (Credence Systems Corp)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Debentures shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company Proceeding referred to in Section 1202 12.2 or under the conditions described in Section 1203 or 1204Sections 12.3 and 12.4, from making payments at any time of principal of (and premium, if any, ) or interest on the SecuritiesDebentures, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest (including any Additional Interest) on the Securities Debentures or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it the Trustee did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Indenture (Host Marriott Corp/Md)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 10.02 or under the conditions described in Section 1203 10.03 or 120410.04, from making payments at any time of principal of and premium, if any, or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of and or premium, if any, or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Indenture (Geotek Communications Inc)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 13.2 or under the conditions described in Section 1203 or 120413.3, from making payments at any time of principal of (and premium, if any, ) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Indenture (Sports Authority Inc /De/)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent [(a) )] the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 1102 or under the conditions described in Section 1203 1103 or 12041104, from making payments at any time of principal of and premium, if any, or interest on the SecuritiesSecurities [, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of and premium, if any, or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article].

Appears in 1 contract

Sources: Indenture (Microsoft Corp)

Payment Permitted If No Default. Nothing contained in this Article 12 or elsewhere in this Indenture or in any of the Securities Notes of any series shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 1202 12.02 or under the conditions described in Section 1203 12.03 or 120412.04, from making payments at any time of principal of and premium, if any, or interest on the SecuritiesNotes, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities Notes of any series or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this ArticleArticle 12.

Appears in 1 contract

Sources: Indenture (Better Home & Finance Holding Co)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 13.2 or under the conditions described in Section 1203 13.3 or 120413.4, from making payments at any time of principal of (and premium, if any, ) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Indenture (United Waste Systems Inc)

Payment Permitted If No Default. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in any of the Securities Notes shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 1202 13.2 or under the conditions described in Section 1203 or 120413.3, from making 77 payments at any time of principal of and (premium, if any, ) or interest on the SecuritiesNotes, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities Notes or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this ArticleArticle Thirteen.

Appears in 1 contract

Sources: Indenture (Signature Resorts Inc)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 14.2 or under the conditions described in Section 1203 14.3 or 120414.4, from making payments at any time of principal of (and premium, if any, ) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Indenture (Sierra Health Services Inc)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 1202 or under the conditions described in Section 1203 or 12041203, from making payments at any time of principal of (and premium, if any, ) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Sources: Indenture (Budget Group Inc)

Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1202 12.02 or under the conditions described in Section 1203 or 120412.03, from making payments at any time of principal of (and premium, if any, ) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any, ) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this ArticleArticle XII.

Appears in 1 contract

Sources: Indenture (Seacor Holdings Inc)