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 this Indenture, including without limitation pursuant to Article 4 hereof, shall be for the sole benefit of the Holders of the Securities and, to the extent allocated for the payment of Securities, shall not be subject to the subordination provisions of this Article 16. Otherwise, any deposit of assets with the Trustee or any Paying Agent (whether or not in trust) for the payment of any Securities shall be subject to the provisions of Sections 16.1, 16.2, and 16.3; provided that, if prior to two Business Days 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 any amount due on any Security) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 16.6, 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 this Indenture, including without limitation pursuant to Article 4 ARTICLE 12 hereof, shall be for the sole benefit of the Holders of the Securities and, to the extent allocated for the payment of Securities, shall not be subject to the subordination provisions of this Article 16ARTICLE 13. Otherwise, any deposit of assets with the Trustee or any Paying Agent (whether or not in trust) for the payment of any Securities shall be subject to the provisions of Sections 16.113.1, 16.213.2, and 16.313.3; provided that, if prior to two Business Days 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 any amount due on any Security) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 16.613.6, 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 this IndentureIndenture shall be, including without limitation pursuant subject to Article 4 hereofSection 7.7, shall be for the sole benefit of the Holders of the Securities Securityholders and, to the extent allocated for the payment of Securities, shall not be subject to the subordination provisions of this Article 16XII. Otherwise, any deposit of assets with the Trustee or any Paying other Agent (whether or not in trust) for the payment of principal of or interest on any Securities shall be subject to the provisions of Sections 16.112.1, 16.212.2, 12.3 and 16.312.4; provided that, if prior to two one Business Days 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 any amount due either principal of or interest on any Security) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 16.612.6, 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, without liability, 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 this IndentureSection 9.01, including without limitation pursuant to Article 4 hereof, 9.02 or 9.03 shall be for the sole benefit of the Holders of the Securities Securityholders and, to the extent (i) the making of such deposit by the Guarantor shall not have been in contravention of any term or provision of any agreement creating or evidencing Guarantor Senior Indebtedness and (ii) allocated for the payment of Securitiesunder the Securities (pursuant to the Guarantee), shall not be subject to the subordination provisions of this Article 1612. Otherwise, any deposit of assets by the Guarantor with the Trustee or any Paying Agent (whether or not in trust) for the payment under the Guarantee of any Principal of or interest on the Securities shall be subject to the provisions of Sections 16.112.01, 16.212.02, 12.03 and 16.312.04; provided provided, that, if prior to two the second Business Days 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 any amount due either Principal of or interest on any SecuritySecurities) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 16.612.06, 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 this IndentureIndenture shall be, including without limitation pursuant subject to Article 4 hereofSection 7.7, shall be for the sole benefit of the Holders of the Securities Noteholders and, to the extent allocated for the payment of SecuritiesNotes, shall not be subject to the subordination provisions of this Article 16XII. Otherwise, any deposit of assets with the Trustee or any Paying other Agent (whether or not in trust) for the payment of principal of or interest on any Securities Notes shall be subject to the provisions of Sections 16.112.1, 16.212.2, 12.3 and 16.312.4; provided thatthat by, if prior to two three Business Days 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 any amount due either principal of or interest on any SecurityNote) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 16.612.6, 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, without liability, 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 this Indenture, including without limitation pursuant to Article 4 hereof, VIII shall be for the sole benefit of the Holders of the Securities Securityholders and, to the extent allocated for the payment of Subordinated Debt Securities, shall not be subject to the subordination provisions of this Article 16XII. Otherwise, any deposit of assets with the Trustee or any Paying Agent (whether or not in trust) for the payment of principal of or interest on any Subordinated Debt Securities shall be subject to the provisions of Sections 16.112.1, 16.212.2, 12.3 and 16.312.4; provided PROVIDED that, if prior to two Business 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 any amount due either principal of or interest on any Subordinated Debt Security) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 16.612.6, 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 this Indenture, including without limitation pursuant to Article 4 hereof, shall be for the sole benefit of the Holders of the Securities and, to the extent allocated for the payment of Securities, shall not be subject to the subordination provisions of this Article 16. Otherwise, any deposit of assets with the Trustee or any Paying Agent (whether or not in trust) for the payment of any Securities shall be subject to the provisions of Sections 16.116.01, 16.2, 16.02 and 16.316.03; provided that, if prior to two Business Days 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 any amount due on any Security) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 16.616.06, 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 U.S. Legal Tender or U.S. Government Obligations deposited in trust with the Trustee pursuant to and in accordance with this Indenture, including without limitation pursuant to Article 4 hereof, Section 8.01 shall be for the sole benefit of the Holders of the Securities Securityholders and, to the extent allocated for the payment of Securities, shall not be subject to the subordination provisions of this Article 16Eleven. Otherwise, any deposit of assets by the Company with the Trustee or any Paying Agent (whether or not in trust) for the payment of principal of or interest on any Securities shall be subject to the provisions of Sections 16.111.01, 16.211.02, 11.03 and 16.3; provided 11.04 except that, if at least five Business Days prior to two Business Days preceding the date on which by the terms of this Indenture any such assets may become distributable payable for any purpose (including, without limitation, the payment of any amount due either principal of or interest on any Security) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 16.611.06, 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 neither the Trustee nor the Securityholders shall not be affected by any notice to the contrary which may be received by it the Trustee 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 this Indenture, including without limitation pursuant to Article 4 XII hereof, shall be for the sole benefit of the Holders of the Securities and, to the extent allocated for the payment of Securities, shall not be subject to the subordination provisions of this Article 16XIII. Otherwise, any deposit of assets with the Trustee or any Paying Agent (whether or not in trust) for the payment of any Securities shall be subject to the provisions of Sections 16.113.1, 16.213.2, and 16.313.3; provided that, if prior to two five Business Days 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 any amount due on any Security) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 16.613.6, 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 this Indenture, including without limitation pursuant to Article 4 hereof, VIII shall be for the sole benefit of the Holders of the Securities Securityholders and, to the extent allocated for the payment of Subordinated Debt Securities, shall not be subject to the subordination provisions of this Article 16XII. Otherwise, any deposit of assets with the Trustee or any Paying Agent (whether or not in trust) for the payment of principal of or interest on any Subordinated Debt Securities shall be subject to the provisions of Sections 16.112.1, 16.212.2, 12.3 and 16.312.4; provided that, if prior to two Business Days 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 any amount due either principal of or interest on any Subordinated Debt Security) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 16.612.6, 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 this Indenture, including without limitation pursuant to Article 4 hereof, shall be for the sole benefit of the Holders of the Securities and, to the extent allocated for the payment of Securities, shall not be subject to the subordination provisions of 107 this Article 16. Otherwise, any deposit of assets with the Trustee or any Paying Agent (whether or not in trust) for the payment of any Securities shall be subject to the provisions of Sections Section 16.1, 16.2, and Section 16.3; provided that, if prior to two three Business Days 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 any amount due on any Security) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 16.6, 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 this IndentureIndenture shall be, including without limitation pursuant subject to Article 4 hereofSection 7.7, shall be for the sole benefit of the Holders of the Securities Securityholders and, to the extent allocated for the payment of Securities, shall not be subject to the subordination provisions of this Article 16XII. Otherwise, any deposit of assets with the Trustee or any Paying other Agent (whether or not in trust) for the payment of principal of or interest on any Securities shall be subject to the provisions of Sections 16.112.1, 16.212.2, 12.3 and 16.312.4; provided that, if prior to two one Business Days 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 any amount due either principal of or interest on any Security) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 16.612.6, 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, without liability, and shall not be affected by any notice to the contrary which may be received by it on or after such date.