Common use of Application by Trustee of Monies Deposited With It Clause in Contracts

Application by Trustee of Monies Deposited With It. Nothing contained in this Article Ten or elsewhere in this Indenture, or in the Notes, shall (i) affect the obligation of the Company to make, or prevent the Company from making, at any time except as specified in Section 1002 or 1003 to the extent provided therein, payments at any time with respect to the Notes, (ii) prevent the application by the Trustee or any Paying Agent of any monies held by the Trustee or such Paying Agent in trust for the benefit of the Holders of Notes as to which notice of redemption shall have been mailed or published, to the payment of or on account of the principal of or interest on the Notes if, at the time of such mailing or publishing, such payment would not have been prohibited by the foregoing provisions of this Article Ten or (iii) prevent the application by the Trustee or any Paying Agent of any monies deposited with it hereunder to the payment of or on account of the Notes if, at the time of such deposit, such payment would not have been prohibited by the foregoing provisions of this Article Ten and, if such monies have been deposited by the Company, the Trustee shall not have received with respect to such monies the written notice provided for in Section 1010.

Appears in 2 contracts

Samples: Indenture (Aztar Corp), Indenture (Aztar Corp)

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Application by Trustee of Monies Deposited With It. Nothing contained in this Article Ten 10 or elsewhere in this Indenture, or in the 1997 Notes, shall (i) affect the obligation of the Company to make, or prevent the Company from making, at any time except as specified in Section 1002 10.02 or 1003 10.03 to the extent provided therein, payments at any time with respect pursuant to the 1997 Notes, (ii) prevent the application by the Trustee or any Paying Agent of any monies or the proceeds of any United States Government Obligations received from the Company and held by the Trustee or such Paying Agent in trust for the benefit of the Holders of 1997 Notes as to which notice of redemption shall have been mailed or publishedgiven, to the payment of or on account of the principal of or interest on the Notes 1997 Notes, if, at the time of such mailing or publishingnotice was given, such a payment by the Company under the 1997 Notes would not have been prohibited by the foregoing provisions of this Article Ten 10 or (iii) prevent the application by the Trustee or any Paying Agent of any monies or the proceeds of any United States Government Obligations deposited with it hereunder by the Company under Article 8 hereof to the payment of or on account of the Notes principal of or interest on the 1997 Notes, if, at the time of such deposit, such a payment by the Company under the Notes would not have been prohibited by the foregoing provisions of this Article Ten and, if such monies have been deposited by the Company, the Trustee shall not have received with respect to such monies the written notice provided for in Section 101010.

Appears in 1 contract

Samples: Indenture (Stater Bros Holdings Inc)

Application by Trustee of Monies Deposited With It. Nothing contained in this Article Ten or elsewhere in this Indenture, or in the Notes, shall (i) affect the obligation of the Company to make, or prevent the Company from making, at any time except as specified in Section 1002 or 1003 to the extent provided therein, payments at any time with respect to the Notes, (ii) prevent the application by the Trustee or any Paying Agent of any monies held by the Trustee or such Paying Agent in trust for the benefit of the Holders of Notes as to which notice of redemption shall have been mailed or published, to the payment of or on account of the principal of or interest on the Notes if, at the time of such mailing or publishing, such payment would not have been prohibited by the foregoing provisions of this Article Ten or (iii) prevent the application by the Trustee or any Paying Agent of any monies deposited with it hereunder to the payment of or on account of the Notes if, at the time of such deposit, such payment would not have been prohibited by the foregoing provisions of this Article Ten and, if such monies have been deposited by the Company, the Trustee shall not have received with respect to such monies the written notice provided for in Section 1010. SECTION 1013.

Appears in 1 contract

Samples: Indenture (Aztar Corp)

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Application by Trustee of Monies Deposited With It. Nothing contained in this Article Ten 10 or elsewhere in this Indenture, or in the 1997 Notes, shall (i) affect the obligation of the Company to make, or prevent the Company from making, at any time except as specified in Section 1002 ------- 10.02 or 1003 10.03 to the extent provided therein, payments at ----- ----- any time with respect pursuant to the 1997 Notes, (ii) prevent the application by the Trustee or any Paying Agent of any monies or the proceeds of any United States Government Obligations received from the Company and held by the Trustee or such Paying Agent in trust for the benefit of the Holders of 1997 Notes as to which notice of redemption shall have been mailed or publishedgiven, to the payment of or on account of the principal of or interest on the Notes 1997 Notes, if, at the time of such mailing or publishingnotice was given, such a payment by the Company under the 1997 Notes would not have been prohibited by the foregoing provisions of this Article Ten 10 or (iii) prevent the application by the Trustee or any Paying Agent of any monies or the proceeds of any United States Government Obligations deposited with it hereunder by the Company under Article 8 hereof to the payment of or on account of the Notes principal of or interest on the 1997 Notes, if, at the time of such deposit, such a payment by the Company under the Notes would not have been prohibited by the foregoing provisions of this Article Ten and, if such monies have been deposited by the Company, the Trustee shall not have received with respect to such monies the written notice provided for in Section 101010.

Appears in 1 contract

Samples: Indenture (Stater Bros Holdings Inc)

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