Common use of Account of Issuer Clause in Contracts

Account of Issuer. The Global Agent, in acting under this Agreement and in connection with the Notes, is acting solely as agent of Issuer and does not assume any obligation or relationship of agency or trust for or with any of the Holders of the Notes. All funds held by the Global Agent or any other agent of Issuer for payment of principal of, premium, if any, or interest on the Notes shall be held for the benefit of Holders but need not be segregated from other funds except as required by law and as required in this Agreement or the Notes, and shall be applied as set forth herein and in the Debt Agreement for the Notes; provided, however, that, any funds paid by Issuer and held by the Global Agent in respect of the principal of, or premium, if any, or interest, if any, on any Notes that remain unclaimed at the end of one year after such principal, premium or interest shall have become due and payable shall be repaid to Issuer by the Global Agent; and provided, further, that the Global Agent shall not be required to repay to Issuer any monies claimed by a Holder of Notes and paid to such Holder prior to the receipt by the Global Agent of express written instructions from Issuer to repay such unclaimed monies. Upon such repayment, Global Agent’s obligations with respect to such funds shall terminate and all liability of the Global Agent with respect to such monies shall thereupon cease and the Holder of any such Note shall thereafter, as an unsecured general creditor, look only to Issuer for payment thereof.

Appears in 40 contracts

Samples: Exchange Administration Agreement, Global Agency Agreement, Global Agency Agreement

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Account of Issuer. The Each of the Global AgentAgent and the Exchange Administrator, in acting under this Agreement and in connection with the Notes, is acting solely as agent of the Issuer and does not assume any obligation or relationship of agency or trust for or with any of the Holders of the Notes. All funds held by the Global Agent or any other agent of the Issuer for payment of principal of, premium, premium (if any), or interest on the Notes shall be held for the benefit of Holders thereof but need not be segregated from other funds except as required by law and as required in this Agreement or the Notes, and shall be applied as set forth herein and in the Debt Agreement for the NotesAgreement; provided, however, thatthat subject to applicable state escheatment law, any funds paid by the Issuer and held by the Global Agent in respect of the principal of, or premium, premium (if any), or interest, if any, interest on any Notes that remain unclaimed at the end of one year after such principal, premium or interest shall have become due and payable shall be repaid to the Issuer by the Global Agent; and provided, further, that the Global Agent shall not be required to repay to the Issuer any monies claimed by a Holder of Notes and paid to such Holder prior to the receipt by the Global Agent of express written instructions from the Issuer to repay such unclaimed monies. Upon such repayment, Global Agent’s 's obligations with respect to such funds shall terminate and all liability obligation of the Global Agent with respect to such monies shall thereupon cease and the Holder of any such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof.

Appears in 20 contracts

Samples: Global Agency Agreement, Global Agency Agreement, Global Agency Agreement

Account of Issuer. The Global Agent, in acting under this Agreement and in connection with the Notes, is acting solely as agent of Issuer and does not assume any obligation or relationship of agency or trust for or with any of the Holders holders of the Notes. All funds held by the Global Agent or any other agent of Issuer for payment of principal of, premium, if any, or interest on the Notes shall be held for the benefit of Holders but need not be segregated from other funds except as required by law and as required in this Agreement or the Notes, and shall be applied as set forth herein and in the Debt Agreement for the Notes; provided, however, that, any funds paid by Issuer and held by the Global Agent in respect of the principal of, or premium, if any, or interest, if any, on any Notes that remain unclaimed at the end of one year after such principal, premium or interest shall have become due and payable shall be repaid to Issuer by the Global Agent; and provided, further, that the Global Agent shall not be required to repay to Issuer any monies claimed by a Holder holder of Notes and paid to such Holder holder prior to the receipt by the Global Agent of express written instructions from Issuer to repay such unclaimed monies. Upon such repayment, Global Agent’s obligations with respect to such funds shall terminate and all liability of the Global Agent with respect to such monies shall thereupon cease and the Holder holder of any such Note shall thereafter, as an unsecured general creditor, look only to Issuer for payment thereof.

Appears in 17 contracts

Samples: Exchange Administration Agreement, Global Agency Agreement, Global Agency Agreement

Account of Issuer. The Global Agent, in acting under this Agreement and in connection with the Notes, is acting solely as agent of the Issuer and does not assume any obligation or relationship of agency or trust for or with any of the Holders of the Notes. All funds held by the Global Agent or any other agent of the Issuer for payment of principal of, premium, premium (if any), or interest on the Notes shall be held for the benefit of Holders thereof but need not be segregated from other funds except as required by law and as required in this Agreement or the Notes, and shall be applied as set forth herein and in the Debt Agreement for the NotesAgreement; provided, however, that, any funds paid by the Issuer and held by the Global Agent in respect of the principal of, or premium, premium (if any), or interest, if any, interest on any Notes that remain unclaimed at the end of one year after such principal, premium or interest shall have become due and payable shall be repaid to the Issuer by the Global Agent; and provided, further, that the Global Agent shall not be required to repay to the Issuer any monies claimed by a Holder of Notes and paid to such Holder prior to the receipt by the Global Agent of express written instructions from the Issuer to repay such unclaimed monies. Upon such repayment, Global Agent’s 's obligations with respect to such funds shall terminate and all liability obligation of the Global Agent with respect to such monies shall thereupon cease and the Holder of any such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof.

Appears in 5 contracts

Samples: Global Agency Agreement, Global Agency Agreement, Global Agency Agreement

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Account of Issuer. The Global Agent, in acting under this Agreement and in connection with the Notes, is acting solely as agent of the Issuer and does not assume any obligation or relationship of agency or trust for or with any of the Holders of the Notes. All funds held by the Global Agent or any other agent of the Issuer for payment of principal of, premium, premium (if any), or interest on the Notes shall be held for the benefit of Holders thereof but need not be segregated from other funds except as required by law and as required in this Agreement or the Notes, and shall be applied as set forth herein and in the Debt Agreement for the NotesAgreement; provided, however, thatthat subject to applicable state escheatment law, any funds paid by the Issuer and held by the Global Agent in respect of the principal of, or premium, premium (if any), or interest, if any, interest on any Notes that remain unclaimed at the end of one year after such principal, premium or interest shall have become due and payable shall be repaid to the Issuer by the Global Agent; and provided, further, that the Global Agent shall not be required to repay to the Issuer any monies claimed by a Holder of Notes and paid to such Holder prior to the receipt by the Global Agent of express written instructions from the Issuer to repay such unclaimed monies. Upon such repayment, Global Agent’s 's obligations with respect to such funds shall terminate and all liability obligation of the Global Agent with respect to such monies shall thereupon cease and the Holder of any such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof.

Appears in 4 contracts

Samples: Global Agency Agreement, Global Agency Agreement, Global Agency Agreement

Account of Issuer. The Global Agent, in acting under this Agreement and in connection with the Notes, is acting solely as agent of Issuer and does not assume any obligation or relationship of agency or trust for or with any of the Holders holders of the Notes. All funds held by the Global Agent or any other agent of Issuer for payment of principal of, premium, if any, or interest on the Notes shall be held for the benefit of Holders holders Agreement thereof but need not be segregated from other funds except as required by law and as required in this Agreement or the Notes, and shall be applied as set forth herein and in the Debt Agreement for the Notes; provided, however, that, any funds paid by Issuer and held by the Global Agent in respect of the principal of, or premium, if any, or interest, if any, on any Notes that remain unclaimed at the end of one year after such principal, premium or interest shall have become due and payable shall be repaid to Issuer by the Global Agent; and provided, further, that the Global Agent shall not be required to repay to Issuer any monies claimed by a Holder holder of Notes and paid to such Holder holder prior to the receipt by the Global Agent of express written instructions from Issuer to repay such unclaimed monies. Upon such repayment, Global Agent’s obligations with respect to such funds shall terminate and all liability of the Global Agent with respect to such monies shall thereupon cease and the Holder holder of any such Note shall thereafter, as an unsecured general creditor, look only to Issuer for payment thereof.

Appears in 1 contract

Samples: Global Agency Agreement

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