Application by Trustee of Moneys Deposited with It. Anything in this Indenture to the contrary notwithstanding, any deposit of moneys by the Company with the Trustee or any other agent (whether or not in trust) for any payment of the Principal or interest on any Securities shall, except as provided in Section 11.03, be subject to the provisions of Section 11.01.
Application by Trustee of Moneys Deposited with It. If two Business Days prior to the date on which by the terms of this Indenture any moneys deposited with the Trustee or any Paying Agent (other than the Company or a Subsidiary) may become payable for any purpose (including, without limitation, the payment of the principal of, premium, if any, or interest, if any, on any Security) the Trustee shall not have received with respect to such moneys the notice provided for in Section 12.6, then the Trustee shall have full power and authority to receive such monies 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. This Section 12.7 shall be construed solely for the benefit of the Trustee and Paying Agent and shall not otherwise affect the rights of holders of such Senior Indebtedness.
Application by Trustee of Moneys Deposited with It. Anything in this Indenture to the contrary notwithstanding, any deposit of moneys by the Company with the Trustee or any other agent (whether or not in trust) for any payment of the principal of (and premium, if any) or interest on any Notes shall, except as provided in Section 12.03, be subject to the provisions of Section 12.01.
Application by Trustee of Moneys Deposited with It. Anything in this Indenture to the contrary notwithstanding, any deposit of moneys or Capital Securities to be exchanged for Securities on any Exchange Date by the Corporation with the Trustee or any paying agent or any Exchange Agent (whether or not in trust) for the payment of the principal of, interest on or the Exchange Price for any Securities shall, except as provided in Section 16.08, be subject to the provisions of Sections 16.01, 16.02, 16.03 and 16.04.
Application by Trustee of Moneys Deposited with It. Any deposit of moneys by the Company with the Trustee or any Paying Agent for the payment of principal of or interest on the Securities, except to the extent allocated and held by the Trustee for the payment of principal of or interest on specific Securities which have been defeased or defeased and called for redemption in accordance with Article Ten hereof, will be subject to the provisions of Sections 1301, 1302, 1303 and 1304 except that, prior to the receipt of the notice provided for in Section 1306, the Trustee will be entitled to assume that no such facts exist; PROVIDED, HOWEVER, that if on a date not less than two Business Days prior to the date on which by the terms of this Indenture any such moneys may become payable for any purpose (including, without limitation, the payment of either principal of or interest on the Securities) the Trustee or such Paying Agent have not received with respect to such moneys the notice provided for in Section 1306, then the Trustee or such Paying Agent will have full power and authority to receive such moneys and to apply the same to the purpose for which they were received, and will not be affected by any notice to the contrary which may be received by it on or after such date. Nothing herein will be construed to relieve any Holders from duties imposed upon them under Section 1303(c) with respect to moneys received in violation of the provisions of this Article.
Application by Trustee of Moneys Deposited with It. Subject to Sections 7.10 and 8.07, Money or U.S. Government Obligations deposited in trust with the Trustee pursuant to and in accordance with Sections 5.04 and 9.01 hereof shall be for the sole benefit of Noteholders.
Application by Trustee of Moneys Deposited with It. Anything in this Indenture to the contrary notwithstanding, any deposit of moneys by the Company with the Trustee or any paying agent (whether or not in trust) for the payment of the principal of (or premium, if any) or interest on for any Securities shall, except as provided in Section 1306, be subject to the provisions of Sections 1301, 1302 and 1303. SECTION 1308. Subordination Rights Not Impaired by Acts or Omissions of the Company or Holders of Senior Debt. No right of any person or future holders of any Senior Debt of the Company to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof with which any such holder may have or be otherwise charged. The holders of Senior Debt of the Company may at any time or from time to time and in their absolute discretion, change the manner, place or terms of payment, change or extend the time of payment of, or renew or alter, any such Senior Debt, or amend or supplement any instrument pursuant to which any such Senior Debt is issued or by which it may be secured, or release any security therefor, or exercise or refrain from exercising any other of their rights under the Senior Debt of the Company, including, without limitation, the waiver of default thereunder, all without notice to or assent from the Holders of the Securities or the Trustee and without affecting the obligations of the Company, the Trustee or the Holders of the Securities under this Article.
Application by Trustee of Moneys Deposited with It. If prior to the date on which by the terms of this Indenture any moneys deposited with the Trustee or any Paying Agent (other than the Company, the Guarantor or a Subsidiary) may become payable for any purpose (including, without limitation, the payment of the principal of, premium, if any, or interest on any Security or an account of the Guarantee) the Trustee shall not have received with respect to such moneys the notice provided for in Section 13.6, then the Trustee shall have full power and authority to receive such moneys 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. This Section 13.7 shall be construed solely for the benefit of the Trustee and Paying Agent and shall not otherwise affect the rights of holders of such Senior Indebtedness.
Application by Trustee of Moneys Deposited with It. Anything in the Indenture and this Schedule to the contrary notwithstanding, any deposit of moneys by Guarantor with the Trustee or any agent (whether or not in trust) for any payment of principal or interest pursuant to the Guarantee shall, except as provided in Section 4 of this Schedule, be subject to the provisions of Section 1 of this Schedule.
Application by Trustee of Moneys Deposited with It. Anything in this Indenture to the contrary notwithstanding, any deposit of a sum by Guarantor with the Trustee or any agent (whether or not in trust) for any payment of principal (and premium, if any) or interest pursuant to the Guarantee shall, except as provided in Section 4 above, be subject to the provisions of Section 1 above.
