Common use of Satisfaction of Sinking Fund Payments with Securities Clause in Contracts

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.02, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 55 contracts

Sources: Indenture (Dominari Holdings Inc.), Indenture (Arbe Robotics Ltd.), Indenture (AIM ImmunoTech Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers' Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 33 contracts

Sources: Subordinated Indenture (Imperial Eagle Shipping LLC), Indenture (Canyon I Navigation Corp.), Indenture (Nordic American Tanker Shipping LTD)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Officer’s Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 32 contracts

Sources: Indenture (IIP Operating Partnership, LP), Indenture (Palantir Technologies Inc.), Indenture (Smart Sand, Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 20 contracts

Sources: Indenture (RAM Holdings Ltd.), Indenture (Cintas Corp), Indenture (Cox Radio Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 19 contracts

Sources: Indenture (Hunt J B Transport Services Inc), Indenture (Annaly Capital Management Inc), Indenture (KKR Financial Holdings LLC)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 16 contracts

Sources: Indenture (China Natural Resources Inc), Indenture (Spectrum Pharmaceuticals Inc), Indenture (GTT Communications, Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company or the Guarantor may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest or Guarantor Request, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company or the Guarantor from time to time upon receipt of a Company Order pay over and deliver to the Company or the Guarantor, as the case may be, any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company or the Guarantor to the Trustee of Securities of that Series series purchased by the Company or the Guarantor having an unpaid principal amount equal to the cash payment required requested to be released to the CompanyCompany or the Guarantor.

Appears in 11 contracts

Sources: Indenture (Ace Ina Holdings Inc), Indenture (Assured Guaranty US Holdings Inc.), Indenture (Assured Guaranty US Holdings Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series a series to be made pursuant to the terms of such Securities as provided for by the terms of such series, (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) theretofore purchased or receive credit for Securities (not previously so credited) theretofore purchased by the Company and delivered to the Trustee for cancellation pursuant to Section 3.9, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 11 contracts

Sources: Indenture (UAG Chantilly AU, LLC), Indenture (Tenneco Inc), Indenture (Tenneco Automotive Operating Co Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company Operating Partnership may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Operating Partnership), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company Operating Partnership pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenOperating Partnership Request, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the written request of the Operating Partnership from time to time upon receipt of a Company Order pay over and deliver to the Company Operating Partnership any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company Operating Partnership to the Trustee of Securities of that Series series purchased by the Company Operating Partnership having an unpaid principal amount equal to the cash payment required requested to be released to the CompanyOperating Partnership.

Appears in 10 contracts

Sources: Indenture (Mid-America Apartments, L.P.), Indenture (Washington Prime Group Inc.), Indenture (CBL & Associates Limited Partnership)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Officer’s Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, redemption and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 10 contracts

Sources: Indenture (Digital Turbine, Inc.), Indenture (Connect Biopharma Holdings LTD), Indenture (Zentalis Pharmaceuticals, Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities Securities, (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 9 contracts

Sources: Indenture (Bay View Capital Corp), Indenture (Bay View Capital Corp), Indenture (CNF Transportation Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the written request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 9 contracts

Sources: Senior Indenture (Renaissancere Holdings LTD), Senior Indenture (Renaissancere Holdings LTD), Junior Subordinated Indenture (Partnerre LTD)

Satisfaction of Sinking Fund Payments with Securities. The Company Issuer may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company Issuer or redeemed either at the election of the Company Issuer pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 fifteen (15) days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.02, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company an Issuer Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company an Issuer Order pay over and deliver to the Company Issuer any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company Issuer to the Trustee of Securities of that Series purchased by the Company Issuer having an unpaid principal amount equal to the cash payment required to be released to the CompanyIssuer.

Appears in 8 contracts

Sources: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Inverness Medical Innovations Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1a) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2b) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, ; provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 8 contracts

Sources: Subordinated Indenture (Mercantile Bank Corp), Subordinated Debt Securities Indenture (First Guaranty Bancshares, Inc.), Indenture (First Guaranty Bancshares, Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series such series to be made pursuant to the terms of such Securities as provided for by the terms of such series (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 7 contracts

Sources: Annual Report, Indenture (Anixter International Inc), Indenture (Comdisco Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company Operating Partnership may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Operating Partnership), and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company Operating Partnership pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenOperating Partnership Request, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the written request of the Operating Partnership from time to time upon receipt of a Company Order pay over and deliver to the Company Operating Partnership any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company Operating Partnership to the Trustee of Securities of that Series series purchased by the Company Operating Partnership having an unpaid principal amount equal to the cash payment required requested to be released to the CompanyOperating Partnership.

Appears in 7 contracts

Sources: Indenture (American Homes 4 Rent, L.P.), Indenture (Dupont Fabros Technology, Inc.), Indenture (Rhino Equity LLC)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the written request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 6 contracts

Sources: Indenture (W. P. Carey Inc.), Indenture (W. P. Carey Inc.), Indenture (American Honda Finance Corp)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments Optional Sinking Fund Payments or other optional redemptions pursuant to the terms of such Securities, ; provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, ; provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 6 contracts

Sources: Indenture (Rainmaker Systems Inc), Indenture (Rainmaker Systems Inc), Indenture (Fairpoint Communications Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company Issuer may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Issuer), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company Issuer pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenIssuer Request, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Issuer from time to time upon receipt of a Company Order pay over and deliver to the Company Issuer any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company Issuer to the Trustee of Securities of that Series series purchased by the Company Issuer having an unpaid principal amount equal to the cash payment required requested to be released to the CompanyIssuer.

Appears in 6 contracts

Sources: Indenture (Reckson Operating Partnership Lp), Indenture (Reckson Services Industries Inc), Merger Agreement (Reckson Associates Realty Corp)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the written request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 6 contracts

Sources: Indenture (Apple Hospitality REIT, Inc.), Indenture (Apple Hospitality REIT, Inc.), Indenture (Apple Hospitality REIT, Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company Issuers may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities Securities, (1) deliver the outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit the Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company Issuers pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Officer’s Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting the Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of the Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call the Securities of such Series for redemption, except upon receipt of a Company an Issuer Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company an Issuer Order pay over and deliver to the Company Issuers any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company Issuers to the Trustee of the Securities of that Series purchased by the Company Issuers having an unpaid principal amount equal to the cash payment required to be released to the CompanyIssuers.

Appears in 6 contracts

Sources: Indenture (Landmark Infrastructure Finance Corp.), Indenture Agreement (Direct Fuels LLC), Indenture (USDP Finance Corp.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 6 contracts

Sources: Indenture (Angel Oak Mortgage Operating Partnership, LP), Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the TrusteeRegistrar, together with an Officers’ Certificate with respect thereto, not later than 15 [ ] days prior to the date on which the Trustee Registrar begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee Registrar at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.02, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000[], the Trustee Registrar need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee Registrar of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 5 contracts

Sources: Senior Indenture (Global Ship Lease, Inc.), Subordinated Indenture (Global Ship Lease, Inc.), Senior Indenture (Global Ship Lease, Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemptionredemption or any of such Securities in respect of which cash shall have been released to the Company) and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 5 contracts

Sources: Indenture (Aptargroup, Inc.), Indenture (JMP Group LLC), Indenture (JMP Group LLC)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1a) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2b) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.02, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the written request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 5 contracts

Sources: Indenture (Partnerre LTD), Indenture (Partnerre LTD), Indenture (PartnerRe Finance B LLC)

Satisfaction of Sinking Fund Payments with Securities. The Company or the Guarantor may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. -------- ---- Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021302, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that -------- ------- the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 5 contracts

Sources: Indenture (Thermo Electron Corp), Indenture (Thermo Instrument Systems Inc), Indenture (Thermo Electron Corp)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series such series to be made pursuant to the terms of such Securities as provided for by the terms of such series (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided PROVIDED that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 5 contracts

Sources: Subordinated Indenture (Southern First Bancshares Inc), Subordinated Indenture (Entegra Financial Corp.), Subordinated Indenture (Southern First Bancshares Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers' Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.02, the 11.2. The principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 5 contracts

Sources: Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/), Indenture (Gray Communications Systems Inc /Ga/)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemptionredemption or any of such Securities in respect of which cash shall have been released to the Company) and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and which series that have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 4 contracts

Sources: Indenture (Centerpoint Energy Resources Corp), Indenture (Enable Midstream Partners, LP), Indenture (DCP Midstream Partners, LP)

Satisfaction of Sinking Fund Payments with Securities. The Company Issuers may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Issuers), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company Issuers pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenIssuer Request, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Issuers from time to time upon receipt of a Company Order pay over and deliver to the Company Issuers any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company Issuers to the Trustee of Securities of that Series series purchased by the Company Issuers having an unpaid principal amount equal to the cash payment required requested to be released to the CompanyIssuers.

Appears in 4 contracts

Sources: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.), Indenture (Teekay LNG Finance Corp.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Officer’s Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 4 contracts

Sources: Indenture (Agree Realty Corp), Indenture (Agree Limited Partnership), Indenture (ExOne KK)

Satisfaction of Sinking Fund Payments with Securities. The Company Issuers may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Issuers), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company converted pursuant to Article 16 or which have been redeemed either at the election of the Company Issuers pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenIssuer Request, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Issuers from time to time upon receipt of a Company Order pay over and deliver to the Company Issuers any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company Issuers to the Trustee of Securities of that Series series purchased by the Company Issuers having an unpaid principal amount equal to the cash payment required requested to be released to the CompanyIssuers.

Appears in 4 contracts

Sources: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.), Indenture (Teekay LNG Finance Corp.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the TrusteeRegistrar, together with an Officers' Certificate with respect thereto, not later than 15 [ ] days prior to the date on which the Trustee Registrar begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee Registrar at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.02, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000[], the Trustee Registrar need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee Registrar of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 4 contracts

Sources: Subordinated Indenture (Paragon Shipping Inc.), Senior Indenture (Paragon Shipping Inc.), Subordinated Indenture (Ocean Faith Owners Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series such series to be made pursuant to the terms of such Securities as provided for by the terms of such series (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.02, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenrequest, and such cash payment shall be held by the Trustee or a Paying Agent for Securities of that series and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 4 contracts

Sources: Indenture (Natural Microsystems Corp), Indenture (Sierra Pacific Resources Capital Trust Ii), Indenture (Sierra Pacific Resources)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series such series to be made pursuant to the terms of such Securities as provided for by the terms of such series (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) and redemption or any of such Securities in respect of which cash shall have been released to the Company); and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment. However, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 4 contracts

Sources: Subordinated Indenture (Home Bancshares Inc), Subordinated Indenture (Firstmerit Corp /Oh/), Subordinated Indenture (Firstmerit Corp /Oh/)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers' Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 4 contracts

Sources: Indenture (Sunrise Medical Inc), Subordinated Indenture (Iron Mountain Inc/Pa), Indenture (Cv Therapeutics Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company Issuers may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series a series to be made pursuant to the terms of such Securities as provided for by the terms of such series, (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) theretofore purchased or receive credit for Securities (not previously so credited) theretofore purchased by the Issuers and delivered to the Trustee for cancellation pursuant to Section 3.9, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and which series that have been repurchased by the Company or redeemed either at the election of the Company Issuers pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities; provided, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenIssuers Request, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, ; provided, however, that the Trustee or such Paying Agent shall at the request of the Issuers from time to time upon receipt of a Company Order pay over and deliver to the Company Issuers any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company Issuers to the Trustee of Securities of that Series series purchased by the Company Issuers having an unpaid principal amount equal to the cash payment required requested to be released to the CompanyIssuers.

Appears in 4 contracts

Sources: Indenture (CareTrust REIT, Inc.), Indenture (Renee Avenue Health Holdings LLC), Indenture (Sabra Health Care REIT, Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any such Series to be made pursuant to the terms of such Securities as provided for by the terms of such Series, (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemptionredemption or any of such Securities in respect of which cash shall have been released to the Company) and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any Series in lieu of cash payments pursuant to this Section 11.0210.02, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, ; provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 3 contracts

Sources: Indenture (Bellsouth Corp), Indenture (Bellsouth Corp), Indenture (Bellsouth Corp)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers' Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 3 contracts

Sources: Indenture (Tivo Inc), Indenture (Solarfun Power Holdings Co., Ltd.), Indenture (Spectrum Pharmaceuticals Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1i) deliver outstanding to the Trustee for cancellation Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemptionredemption or any of such Securities in respect of which cash shall have been released to the Company) and (2ii) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price face amount specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.02, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 3 contracts

Sources: Indenture (BBVA International Preferred, S.A. Unipersonal), Indenture (Bbva Subordinated Capital, S.A. Unipersonal), Indenture (BBVA International Preferred, S.A. Unipersonal)

Satisfaction of Sinking Fund Payments with Securities. The Company Issuer may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Issuer), and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company Issuer pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenIssuer Request, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the written request of the Issuer from time to time upon receipt of a Company Order pay over and deliver to the Company Issuer any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company Issuer to the Trustee of Securities of that Series series purchased by the Company Issuer having an unpaid principal amount equal to the cash payment required requested to be released to the CompanyIssuer.

Appears in 3 contracts

Sources: Indenture (Avalonbay Communities Inc), Indenture (PS Business Parks, L.P.), Indenture (Avalonbay Communities Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company (as described below)), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 3 contracts

Sources: Indenture (CSX Transportation Inc), Indenture (CSX Transportation Inc), Indenture (Nyc Newco Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities 42 48 (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers' Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 3 contracts

Sources: Indenture (Aviron), Indenture (Aviron), Indenture (Chartered Semiconductor Manufacturing LTD)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1a) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2b) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers' Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, ; provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 3 contracts

Sources: Indenture (Standex International Corp/De/), Indenture (Rc2 Corp), Indenture (Standex International Corp/De/)

Satisfaction of Sinking Fund Payments with Securities. The Company may(1) may deliver Outstanding Securities of a series (other than any previously called for redemption) and (2) may apply as a credit Securities of a series which have been converted in accordance with their terms or which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, in each case in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series such series required to be made pursuant to the terms of such Securities (1) deliver outstanding the Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called series as provided for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, series; provided that such the Securities to be so credited have not been previously so credited. Such The Securities to be so credited shall be received by the Trusteereceived, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price, as specified in the Securities to be so redeemed (or at such other prices as may be specified for such Securities as contemplated in Section 3.01), for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0213.02, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 3 contracts

Sources: Indenture (Avon Products Inc), Indenture (Avon Products Inc), Indenture (Retirement Inns of America, Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company (1) may deliver Outstanding Securities of a series (other than any previously called for redemption), together in the case of Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) may apply as a credit Securities of a series which have been redeemed either at the election of the Company maypursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, in each case in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series such series required to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called as provided for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, series; provided that such Securities have not been previously so -------- credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, ; provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 3 contracts

Sources: Indenture (Nationwide Health Properties Inc), Indenture (Nationwide Health Properties Inc), Indenture (Nationwide Health Properties Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series a series to be made pursuant to the terms of such Securities as provided for by the terms of such series, (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) theretofore purchased or receive credit for Securities (not previously so credited) theretofore purchased by the Company and delivered to the Trustee for cancellation pursuant to Section 3.9, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and which series that have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities; provided, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, ; provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 3 contracts

Sources: Indenture (Ambac Financial Group Inc), Indenture (Ambac Financial Group Inc), Indenture (Yum Brands Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall will be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall will be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall will be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0213.02, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall will be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall will be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall will from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 3 contracts

Sources: Indenture (Metropcs Communications Inc), Indenture (MetroPCS Finance, Inc.), Indenture (MetroPCS Finance, Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers' Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 3 contracts

Sources: Indenture (Chartered Semiconductor Manufacturing LTD), Indenture (Nuvelo Inc), Indenture (Chartered Semiconductor Manufacturing LTD)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any such Series to be made pursuant to the terms of such Securities as provided for by the terms of such Series (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the redemption price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any Series in lieu of cash payments pursuant to this Section 11.0210.02, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000500,000, the Trustee need shall not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be takenOrder, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 3 contracts

Sources: Indenture (U S West Inc /De/), Indenture (U S West Inc /De/), Indenture (Us West Capital Funding Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series such series to be made pursuant to the terms of such Securities as provided for by the terms of such series (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) and redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment. However, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 3 contracts

Sources: Subordinated Indenture (National City Corp), Subordinated Indenture (National City Corp), Subordinated Indenture (National City Corp)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Officer’s Certificate of the Company with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 3 contracts

Sources: Indenture (Omnicom Finance Holdings PLC), Indenture (Omnicom Group Inc.), Indenture (Omnicom Finance Holdings PLC)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemptionredemption or any of such Securities in respect of which cash shall have been released to the Company) and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 3 contracts

Sources: Indenture (Williams Partners L.P.), Indenture (Williams Partners L.P.), Indenture (Williams Pipeline Partners L.P.)

Satisfaction of Sinking Fund Payments with Securities. The Company Issuers may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company Issuers pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company Issuers any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company Issuers to the Trustee of Securities of that Series purchased by the Company Issuers having an unpaid principal amount equal to the cash payment required to be released to the CompanyIssuers.

Appears in 3 contracts

Sources: Indenture (Omnicom Group Inc), Indenture (Omnicom Group Inc), Indenture (Omnicom Group Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series such series to be made pursuant to the terms of such Securities as provided for by the terms of such series, (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021302, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 3 contracts

Sources: Subordinated Indenture (Valero Energy Corp/Tx), Subordinated Indenture (Vec Trust Ii), Indenture (Valero Energy Corp/Tx)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) together, in the case of any Bearer Securities of such Series, with all unmatured coupons appertaining thereto and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 fifteen (15) days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.02, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 2 contracts

Sources: Indenture (Vantage Drilling CO), Indenture (Vantage Drilling CO)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company converted pursuant to Article 16 or which have been redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Indenture (Safeco Corp), Indenture (Safeco Corp)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called 76 85 for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Indenture (Homeside Lending Inc), Indenture (Homeside Lending Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver the outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit the Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Officer’s Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting the Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of the Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call the Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of the Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 2 contracts

Sources: Indenture (Transenterix, Inc.), Indenture (Rentech Inc /Co/)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any such Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers' Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 2 contracts

Sources: Senior Indenture (SFX Broadcasting Inc), Subordinated Indenture (SFX Broadcasting Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company Issuer may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series a series to be made pursuant to the terms of such Securities as provided for by the terms of such series, (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) theretofore purchased or receive credit for Securities (not previously so credited) theretofore purchased by the Issuer and delivered to the Trustee for cancellation pursuant to Section 3.9, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and which series that have been repurchased by the Company or redeemed either at the election of the Company Issuer pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities; provided, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenIssuer Request, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, ; provided, however, that the Trustee or such Paying Agent shall at the request of the Issuer from time to time upon receipt of a Company Order pay over and deliver to the Company Issuer any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company Issuer to the Trustee of Securities of that Series series purchased by the Company Issuer having an unpaid principal amount equal to the cash payment required requested to be released to the CompanyIssuer.

Appears in 2 contracts

Sources: Indenture (Sabra Health Care REIT, Inc.), Indenture (Sabra Health Care Limited Partnership)

Satisfaction of Sinking Fund Payments with Securities. The Company Operating Partnership may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Operating Partnership), and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company Operating Partnership pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, ; provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenOperating Partnership Request, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, ; provided, however, that the Trustee or such Paying Agent shall at the written request of the Operating Partnership from time to time upon receipt of a Company Order pay over and deliver to the Company Operating Partnership any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company Operating Partnership to the Trustee of Securities of that Series series purchased by the Company Operating Partnership having an unpaid principal amount equal to the cash payment required requested to be released to the CompanyOperating Partnership.

Appears in 2 contracts

Sources: Indenture, Indenture (Education Realty Operating Partnership L P)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Officer’s Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, redemption and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.02‎Section 11.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 2 contracts

Sources: Indenture (Bit Digital, Inc), Indenture (Tigo Energy, Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such Series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any Series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Indenture Agreement (RJE Telecom of California, Inc.), Indenture Agreement (RJE Telecom of California, Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0214.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Indenture (CIT Group Funding CO of Canada), Indenture (Cit Group Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1a) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2b) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Officer’s Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemptionredemption by the Depositary or the Trustee (as applicable) begins, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.02, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order Request that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 2 contracts

Sources: Indenture (Amrize LTD), Indenture (Amrize LTD)

Satisfaction of Sinking Fund Payments with Securities. The At its option, the Company may, in satisfaction of all may reduce or satisfy its obligation to make any part of any mandatory sinking fund payment by delivering to the Trustee at least 45 days before any mandatory sinking fund payment date (or such shorter period as may be acceptable to the Trustee) (i) Securities of the series which are the subject of the mandatory sinking fund payment which have been acquired (other than by mandatory redemption) by the Company at any time together with an Officers' Certificate stating the election of the Company to have credited against such sinking fund payment the principal amount of the Securities so delivered, (ii) an Officers' Certificate stating the election of the Company to have credited against such sinking fund payment a specified principal amount of Securities of the series that are the subject of the mandatory sinking fund payment which have been acquired (other than by mandatory redemption) by the Company and theretofore surrendered to the Trustee for cancellation (including, for such purpose, Securities surrendered for conversion pursuant to Article XIV), (iii) an Officers' Certificate stating the election of the Company to have credited against such sinking fund payment a specified principal amount of the Securities of the series which are the subject of the mandatory sinking fund payment which have been called for redemption at the option of the Company or with the proceeds of any optional sinking fund payment and which are no longer Outstanding, or (iv) any combination of the foregoing. Each Officers' Certificate shall state the principal amount of the Securities of the relevant series issued and outstanding at the date of such Officers' Certificate, that no Event of Default has occurred and is continuing with respect to the Securities of such series and that the Securities forming the basis of such credit do not include any Series to be made Securities theretofore mandatorily redeemed or called for mandatory redemption pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election relevant series of the Company pursuant to Securities. All Securities made the terms basis of such Series of Securities (except pursuant to any a credit against a mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result credited at 100% of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.02, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding thereof. Any mandatory sinking fund payment, provided, however, that the Trustee payment or such Paying Agent shall from payments may at any time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery be anticipated by the Company by obtaining credit thereon in the manner above provided, such credits to apply against mandatory sinking fund payments in the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Companyorder in which they become due.

Appears in 2 contracts

Sources: Indenture (Primus Guaranty LTD), Indenture (Primus Guaranty LTD)

Satisfaction of Sinking Fund Payments with Securities. The Company Issuer may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities Securities, (1) deliver the outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit the Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company Issuer pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Officer’s Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting the Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities and confirmed in the Officer’s Certificate for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of the Securities in lieu of cash payments pursuant to this Section 11.0210.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call the Securities of such Series for redemption, except upon receipt of a Company an Issuer Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company an Issuer Order pay over and deliver to the Company Issuer any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company Issuer to the Trustee of the Securities of that Series purchased by the Company Issuer having an unpaid principal amount equal to the cash payment required to be released to the CompanyIssuer.

Appears in 2 contracts

Sources: Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities Securities, accompanied by a written notice to the Trustee, (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Indenture (Walgreens Boots Alliance, Inc.), Indenture (Nordstrom Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of 72 80 such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Indenture (Performance Food Group Co), Indenture (Performance Food Group Co)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to series, as provided for by the terms of such Securities that series (1) deliver to the Holders of outstanding Securities of such Series to which such sinking fund payment is applicable that series (other than any of such Securities previously called for redemption or any of such Securities by mandatory sinking fund redemption) and payment in respect of which cash shall have been released to the Company), (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and that series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series that series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that no Securities of such series have been previously so credited and (3) apply as a credit Securities of that series which have been converted or exchanged into shares of the Company's common stock or Securities of another series pursuant to the terms of that series of Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.02Section, the principal amount of Securities of such Series that series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series that series for redemption, except upon receipt the request of a Company Order that such action be takenthe Company, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased series purchase by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, ; provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, ; provided, however, that the Trustee or such Paying Agent shall at the written request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Senior Subordinated Indenture (Kb Home), Subordinated Indenture (Kb Home)

Satisfaction of Sinking Fund Payments with Securities. The Company Issuer may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series a series to be made pursuant to the terms of such Securities as provided for by the terms of such series, (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) theretofore purchased or receive credit for Securities (not previously so credited) theretofore purchased by the Issuer and delivered to the Trustee for cancellation pursuant to Section 3.9, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and which series that have been repurchased by the Company or redeemed either at the election of the Company Issuer pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities; provided, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, ; provided, however, that the Trustee or such Paying Agent shall at the request of the Issuer from time to time upon receipt of a Company Order pay over and deliver to the Company Issuer any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company Issuer to the Trustee of Securities of that Series series purchased by the Company Issuer having an unpaid principal amount equal to the cash payment required requested to be released to the CompanyIssuer.

Appears in 2 contracts

Sources: Indenture (Perrigo Finance PLC), Indenture (Perrigo Finance PLC)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Indenture (Inmc Mortgage Holdings Inc), Indenture (Inmc Mortgage Holdings Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Indenture (Cit Group Inc), Indenture (Cit Group Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any such Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers' Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such --------- -------- Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 2 contracts

Sources: Indenture (Nike Inc), Indenture (Nike Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company Issuer may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1a) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2b) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company Issuer pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the U.S. Trustee, together with an Officers’ Officer’s Certificate of the Issuer with respect thereto, not later than 15 days prior to the date on which the U.S. Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the U.S. Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.02, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the U.S. Trustee need not call Securities of such Series for redemption, except upon receipt of a Company an Issuer Order that such action be taken, and such cash payment shall be held by the U.S. Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the U.S. Trustee or such Paying Agent shall from time to time upon receipt of a Company an Issuer Order pay over and deliver to the Company Issuer any cash payment so being held by the U.S. Trustee or such Paying Agent upon delivery by the Company Issuer to the U.S. Trustee of Securities of that Series purchased by the Company Issuer having an unpaid principal amount equal to the cash payment required to be released to the CompanyIssuer.

Appears in 2 contracts

Sources: Indenture (South Bow USA Infrastructure Holdings LLC), Indenture (South Bow Corp)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemptionredemption begins, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 2 contracts

Sources: Indenture (electroCore, Inc.), Indenture (electroCore, Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company Issuer may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Issuer), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company Issuer pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided PROVIDED that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenIssuer Request, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent shall at the request of the Issuer from time to time upon receipt of a Company Order pay over and deliver to the Company Issuer any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company Issuer to the Trustee of Securities of that Series series purchased by the Company Issuer having an unpaid principal amount equal to the cash payment required requested to be released to the CompanyIssuer.

Appears in 2 contracts

Sources: Indenture (Reckson Associates Realty Corp), Indenture (Highwoods Forsyth L P)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Indenture (Radisys Corp), Indenture (Radisys Corp)

Satisfaction of Sinking Fund Payments with Securities. The Company or the Guarantors may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest or Guarantors' Request, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company or the Guarantors from time to time upon receipt of a Company Order pay over and deliver to the Company or the Guarantors, as the case may be, any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company or the Guarantors to the Trustee of Securities of that Series series purchased by the Company or the Guarantors having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Indenture (FCC Acquisitions Corp), Indenture (Performance Materials I Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0213.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Indenture (Cit Group Inc), Indenture (Cit Group Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Indenture Agreement (Midamerican Energy Co), Indenture (GFI Group Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.,

Appears in 2 contracts

Sources: Indenture (Safeco Corp), Indenture (Cox Radio Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1a) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2b) apply as credit Securities of such Series to which such sinking fund payment is applicable and which that have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, ; provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, ; provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 2 contracts

Sources: Subordinated Debt Indenture (Northwest Bancshares, Inc.), Indenture (Northwest Bancshares, Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such SecuritiesSecurities or which have been surrendered for conversion pursuant to Article Sixteen, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Senior Indenture (Capital One Financial Corp), Senior Indenture (Capital One Financial Corp)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any such Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers' Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 2 contracts

Sources: Senior Indenture (Beverly Enterprises Inc), Subordinated Indenture (Beverly Enterprises Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities are selected for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series need not be called for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 2 contracts

Sources: Indenture (United Community Banks Inc), Indenture (United Community Banks Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers' Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0213.02, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 2 contracts

Sources: Senior Subordinated Indenture (TOUSA Investment #1, Inc.), Subordinated Indenture (TOUSA Investment #1, Inc.)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms Terms of such Securities as provided for by such Terms, (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable series having the same Terms (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and series having the same Terms which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms Terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions Optional Sinking Fund Payments pursuant to the terms Terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0210.02, the principal amount Principal Amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund paymentpayment with 45 PAGE 44 respect to such series of Securities (or Securities of such series having the same Terms), provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series having the same Terms purchased by the Company having an unpaid principal amount Principal Amount equal to the cash payment required to be released to the Company.

Appears in 2 contracts

Sources: Indenture (Columbia Gas System Inc), Indenture (Columbia Gas System Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series such series to be made pursuant to the terms of such Securities as provided for by the terms of such series (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Senior Indenture (National City Corp), Indenture (Health Care Property Investors Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If If, as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0212.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust satisfy the aforesaid cash remaining sinking fund payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be taken, Request and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, ; provided, however, that the Trustee or such Paying Agent shall at the written request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Indenture (Validus Holdings (UK) PLC), Indenture (Validus Holdings (UK) PLC)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series such series to be made pursuant to the terms of such Securities as provided for by the terms of such series (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) ), together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 2 contracts

Sources: Indenture (Anixter International Inc), Indenture (Anixter International Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may(1) may deliver Outstanding Securities of a series (other than any previously called for redemption) and (2) may apply as a credit Securities of a series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, in each case in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series such series required to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called as provided for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, Series; provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result 79 71 1203,1301,1302 SECTION 1203. Redemption of Securities for Sinking Fund. Not less than 60 days prior to each sinking fund payment date for any series of Securities, the Company will deliver to the Trustee an Officers' Certificate specifying the amount of the delivery or credit next ensuing sinking fund payment for that series pursuant to the terms of Securities in lieu that series, the portion thereof, if any, which is to be satisfied by payment of cash payments and the portion thereof, if any, which is to be satisfied by delivering and crediting Securities of that series pursuant to this Section 11.02, 1202 and will also deliver to the principal amount of Trustee any Securities of to be so delivered. Not less than 45 days before each such Series sinking fund payment date the Trustee shall select the Securities to be redeemed upon such sinking fund payment date in order the manner specified in Section 1103 and cause notice of the redemption thereof to exhaust be given in the aforesaid cash payment name of and at the expense of the Company in the manner provided in Section 1104. Such notice having been duly given, the redemption of such Securities shall be less than $100,000, made upon the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, terms and such cash payment shall be held by in the Trustee or a Paying Agent manner stated in Sections 1106 and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company1107. ARTICLE THIRTEEN DEFEASANCE SECTION 1301.

Appears in 1 contract

Sources: Indenture (Anadarko Petroleum Corp)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series to be made pursuant to the terms of such Securities (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) and (2) apply as credit Securities of such Series to which such sinking fund payment is applicable and which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series for redemption, except upon receipt of a Company Order that such action be taken, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, ; provided, however, that the Trustee or such Paying Agent shall from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required to be released to the Company.

Appears in 1 contract

Sources: Indenture (Bryn Mawr Bank Corp)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company (as described below)), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.. Table of Contents

Appears in 1 contract

Sources: Indenture (CSX Corp)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of 77 such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 1 contract

Sources: Indenture (Radnor Homes Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series such series to be made pursuant to the terms of such Securities as provided for by the terms of such series (1) deliver outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.0211.2, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenrequest, and such cash payment shall be held by the Trustee or a Paying Agent for Securities of that series and applied to the next succeeding sinking fund payment, ; provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 1 contract

Sources: Exhibit (Interface Inc)

Satisfaction of Sinking Fund Payments with Securities. The Company or the Guarantor may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured Coupons appertaining thereto, and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, provided that such Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021302, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 1 contract

Sources: Indenture (Thermo Electron Corp)

Satisfaction of Sinking Fund Payments with Securities. The Company may, in satisfaction of all or any part of any sinking fund payment with respect to the Securities of any Series series to be made pursuant to the terms of such Securities (1) deliver outstanding Outstanding Securities of such Series to which such sinking fund payment is applicable series (other than any of such Securities previously called for mandatory sinking fund redemptionredemption or any of such Securities in respect of which cash shall have been released to the Company) and (2) apply as a credit Securities of such Series to which such sinking fund payment is applicable and series which have been repurchased by the Company or redeemed either at the election of the Company pursuant to the terms of such Series series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such SecuritiesSecurities or through the terms of Article Thirteen, provided that such series of Securities have not been previously so credited. Such Securities shall be received by the Trustee, together with an Officers’ Certificate with respect thereto, not later than 15 days prior to the date on which the Trustee begins the process of selecting Securities for redemption, and shall be credited for such purpose by the Trustee at the price Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly. If as a result of the delivery or credit of Securities of any series in lieu of cash payments pursuant to this Section 11.021202, the principal amount of Securities of such Series series to be redeemed in order to exhaust the aforesaid cash payment shall be less than $100,000, the Trustee need not call Securities of such Series series for redemption, except upon receipt of a Company Order that such action be takenRequest, and such cash payment shall be held by the Trustee or a Paying Agent and applied to the next succeeding sinking fund payment, provided, however, that the Trustee or such Paying Agent shall at the request of the Company from time to time upon receipt of a Company Order pay over and deliver to the Company any cash payment so being held by the Trustee or such Paying Agent upon delivery by the Company to the Trustee of Securities of that Series series purchased by the Company having an unpaid principal amount equal to the cash payment required requested to be released to the Company.

Appears in 1 contract

Sources: Indenture (Consumer Portfolio Services Inc)