Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article Thirteen shall be for the sole benefit of Holders of Securities of each series subject thereto and, to the extent allocated for the payment of such Securities, shall not be subject to the subordination provisions of this Article Sixteen. Otherwise, any deposit of assets with the Trustee (whether or not in trust) for the payment of the principal of or any premium or interest on any Securities shall be subject to the provisions of this Article Sixteen; provided, however, if prior to 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 the principal of or any premium or interest on any Security) the Trustee shall not have received with respect to such assets the Officers' Certificate or written notice provided for in Section 1605, then the Trustee shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received.
Appears in 4 contracts
Samples: Subordinated Indenture (Marine 300 Series Inc), Subordinated Indenture (Newfield Financial Trust Ii), Subordinated Indenture (Newfield Exploration Co /De/)
Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article Thirteen this Indenture, including without limitation pursuant to ARTICLE 12 hereof, shall be for the sole benefit of the Holders of the Securities of each series subject thereto and, to the extent allocated for the payment of such Securities, shall not be subject to the subordination provisions of this Article SixteenARTICLE 13. Otherwise, any deposit of assets with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or any premium or interest on any Securities shall be subject to the provisions of this Article SixteenSections 13.1, 13.2, and 13.3; provided, howeverprovided that, if prior to one 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, without limitation, the payment of the principal of or any premium or interest amount due on any Security) 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 160513.6, 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.
Appears in 3 contracts
Samples: Subordinated Indenture (Aspen Insurance Holdings LTD), Subordinated Indenture (MRH Capital Trust I), Junior Subordinated Indenture (Endurance Specialty Holdings LTD)
Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article Thirteen shall be for the sole benefit of Holders of Securities of each series subject thereto and, to the extent allocated for the payment of such Securities, shall not be subject to the subordination provisions of this Article SixteenFifteen. Otherwise, any deposit of assets with the Trustee (whether or not in trust) for the payment of the principal of or any premium or interest on any Securities shall be subject to the provisions of this Article SixteenFifteen; provided, however, if prior to 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 the principal of or any premium or interest on any Security) the Trustee shall not have received with respect to such assets the Officers' Certificate or written notice provided for in Section 16051505, then the Trustee shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received.
Appears in 1 contract
Samples: Subordinated Debt Indenture (Dynegy Capital Trust Iii)
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 Thirteen Section 8.01 shall be for the sole benefit of Holders of Securities of each series subject thereto Securityholders and, to the extent allocated for the payment of such Securities, shall not be subject to the subordination provisions of this Article SixteenEleven. Otherwise, any deposit of assets by the Company with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or any premium or interest on any Securities shall be subject to the provisions of this Article Sixteen; providedSections 11.01, however11.02, 11.03 and 11.04 except that, if at least five Business Days prior to one Business Day 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 the either principal of or any premium or interest on any Security) the Trustee shall not have received with respect to such assets the Officers' Certificate or written notice provided for in Section 160511.06, then the Trustee 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 be affected by any notice to the contrary which may be received by the Trustee on or after such date.
Appears in 1 contract
Samples: Indenture (Duane Reade Inc)