Common use of Application by Trustee of Assets Deposited with It Clause in Contracts

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article 9 shall be for the sole benefit of Holders of Notes and shall not be subject to the subordination provisions of this Article 11. Otherwise, any deposit of assets with the Trustee or the Paying Agent (whether or not in trust) for the payment of principal of or interest on any Notes shall be subject to the provisions of Sections 11.01, 11.02, 11.03 and 11.04; provided that, if prior to the Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including without limitation, the payment of either principal of or interest on any Note) a Responsible Officer of the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 11.06, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article 9 this Indenture shall be for the sole benefit of Holders Securityholders and, to the extent allocated for the payment of Notes and Securities, shall not be subject to the subordination provisions of this Article 11XII. Otherwise, any deposit of assets with the Trustee or the Paying Agent (whether or not in trust) for the payment of principal of or interest on any Notes Securities shall be subject to the provisions of Sections 11.0112.1, 11.0212.2, 11.03 12.3 and 11.0412.4; provided that, if prior to the one Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including including, without limitation, the payment of either principal of or interest on any NoteSecurity) a Responsible Officer of the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 11.0612.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article 9 8 shall be for the sole benefit of the Holders of Notes and shall not be subject to the subordination provisions of this Article 1112. Otherwise, any deposit of assets with the Trustee or the Paying Agent (whether or not in trust) for the payment of principal of or interest on any Notes Securities shall be subject to the provisions of Sections 11.0112.01, 11.0212.02, 11.03 12.03 and 11.0412.04; provided provided, that, if prior to the one Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including without limitation, the payment of either principal of or interest on any NoteSecurity) a Responsible Officer of the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 11.0612.06, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article 9 this Indenture shall be for the sole benefit of Holders Securityholders and, to the extent allocated for the payment of Notes and Securities, shall not be subject to the subordination provisions of this Article 11. X. Otherwise, any deposit of assets with the Trustee or the Paying Agent (whether or not in trust) for the payment of principal of or interest on any Notes Securities shall be subject to the provisions of Sections 11.0110.1, 11.0210.2, 11.03 10.3 and 11.0410.4; provided that, if prior to the one Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including including, without limitation, the payment of either principal of or interest any amount due on any NoteSecurity) a Responsible Officer of the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 11.0610.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts Money or U.S. Government Obligations deposited in trust with the Trustee pursuant to and in accordance with Article 9 Section 8.01 shall be for the sole benefit of Holders Securityholders and, to the extent (i) the making of Notes such deposit by the Company shall not have been in contravention of any term or provision of any agreement creating or evidencing Senior Indebtedness and (ii) allocated for the payment of Securities, shall not be subject to the subordination provisions of this Article 1110. Otherwise, any deposit of assets by the Company with the Trustee or the any Paying Agent (whether or not in trust) for the payment of principal Principal of or interest on any Notes Securities shall be subject to the provisions of Sections 11.0110.01, 11.0210.02, 11.03 10.03 and 11.0410.04; provided provided, that, if prior to the second Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including without limitation, the payment of either principal Principal of or interest on any NoteSecurities) a Responsible Officer of the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 11.0610.06, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article 9 Section 8.2 shall be for the sole benefit of Security Holders and, to the extent allocated for the payment of Notes and Securities, shall not be subject to the subordination provisions of this Article 11. Otherwise, any deposit of assets with the Trustee or the Paying Agent (whether or not in trust) for the payment of principal of or interest on any Notes Securities shall be subject to the provisions of Sections 11.0111.1, 11.0211.2, 11.03 11.3 and 11.0411.4; provided thatPROVIDED THAT, if prior to the one Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including including, without limitation, the payment of either principal of or interest on any NoteSecurity) a Responsible Officer of the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 11.0611.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts U.S. Legal Tender or U.S. Government Obligations deposited in trust with the Trustee pursuant to and in accordance with Article 9 Section 8.4 shall be for the sole benefit of Holders Securityholders and, to the extent (i) the making of Notes such deposit by the Company shall not have been in contravention of any term or provision of any agreement creating or evidencing Senior Indebtedness and (ii) allocated for the payment of Securities, shall not be subject to the subordination provisions of this Article 11Twelve. Otherwise, any deposit of assets by the Company with the Trustee or the any Paying Agent (whether or not in trust) for the payment of principal of or interest on any Notes Securities shall be subject to the provisions of Sections 11.01Section 12.1, 11.0212.2, 11.03 12.3 and 11.0412.4; provided thatprovided, that if prior to the second Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including without limitation, the payment of either principal of or interest on any NoteSecurity) a Responsible Officer of the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 11.0612.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article 9 8 shall be for the sole benefit of Holders of Notes and subject thereto and, to the extent allocated for the payment of such Notes, shall not be subject to the subordination provisions of this Article 1110. Otherwise, any deposit of assets with the Trustee or the Paying Agent (whether or not in trust) for the payment of the principal of or any premium or interest on any Notes shall be subject to the provisions of Sections 11.01this Article 10; provided, 11.02, 11.03 and 11.04; provided thathowever, if prior to the one Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including including, without limitation, the payment of either the principal of or any premium or interest on any Note) a Responsible Officer of the Trustee or such Paying Agent shall not have received with respect to such assets the Officers' Certificate or written notice provided for in Section 11.0610.2.4, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts All money and U.S. Government Obligations deposited in trust with the Trustee pursuant to and in accordance with Article 9 Section 8.01 shall be for the sole benefit of the Holders of Notes and shall not be subject to the subordination provisions of this Article 11Ten. Otherwise, any deposit of assets by the Company with the Trustee or the any Paying Agent (whether or not in trust) for the payment of principal of premium, if any, or interest on any Notes Securities shall be subject to the provisions of Sections 11.01, 11.02, 11.03 and 11.04this Article Ten; provided that, if prior to the second Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including without limitation, the payment of either principal of or interest on any NoteSecurity) a Responsible Officer of the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 11.0610.06, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date. The preceding sentence shall be construed solely for the benefit of the Trustee and each Paying Agent and shall not otherwise affect the rights of holders of Senior Indebtedness.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article 9 shall be for the sole benefit of Holders of Notes and shall not be subject to the subordination provisions of this Article 11. Otherwise, any deposit of assets with the Trustee or the Paying Agent (whether or not in trust) for the payment of principal of or interest on any Notes shall be subject to the provisions of Sections 11.01, 11.02, 11.03 and 11.04; provided that, if prior to the one Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including without limitation, the payment of either principal of or interest on any Note) a Responsible Officer of the Trustee or such Paying Agent shall not have 95 103 received with respect to such assets the written notice provided for in Section 11.06, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article 9 shall be for the sole benefit of Holders of Notes and shall not be subject to the subordination provisions of this Article 11. 105 113 Otherwise, any deposit of assets with the Trustee or the Paying Agent (whether or not in trust) for the payment of principal of or interest on any Notes shall be subject to the provisions of Sections 11.01, 11.02, 11.03 and 11.04; provided that, if prior to the one Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including without limitation, the payment of either principal of or interest on any Note) a Responsible Officer of the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 11.06, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article 9 shall be for the sole benefit of Holders of Notes and shall not be subject to the subordination provisions of this Article 11. Otherwise, any deposit of assets with the Trustee or the Paying Agent (whether or not in trust) for the payment of principal of or interest on any Notes shall be subject to the provisions of Sections 11.01, 11.02, 11.03 and 11.04; provided that, if prior to the one Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including without limitation, the payment of either principal of or interest on any Note) a Responsible Officer of the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 11.06, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts All money and U.S. Government Obligations deposited in trust with the Trustee pursuant to and in accordance with Article 9 Section 4.1 shall be for the sole benefit of the Holders of Notes and shall not be subject to the subordination provisions of this Article 11Article. Otherwise, any deposit of assets by the Company with the Trustee or the any Paying Agent (whether or not in trust) for the payment of principal of or interest on any Notes shall be subject to the provisions of Sections 11.01, 11.02, 11.03 and 11.04; this Article provided that, if prior to the second Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including without limitation, the payment of either principal of or interest on any Note) a Responsible Officer of the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 11.0611.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date. The preceding sentence shall be construed solely for the benefit of the Trustee and each Paying Agent and shall not otherwise affect the rights of holders of Senior Indebtedness.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article 9 this Indenture shall be for the sole benefit of Holders Securityholders and, to the extent allocated for the payment of Notes and Securities, shall not be subject to the subordination provisions of this Article 11. X. Otherwise, any deposit of assets with the Trustee or the Paying Agent (whether or not in trust) for the payment of principal of or interest on any Notes Securities shall be subject to the provisions of Sections 11.0110.1, 11.0210.2, 11.03 10.3 and 11.0410.4; provided that, if prior to the two Business Day Days preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including including, without limitation, the payment of either principal of or interest any amount due on any NoteSecurity) a Responsible Officer of the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 11.0610.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.