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

Application by Trustee of Monies Deposited With It. Money or U.S. Government Obligations deposited in trust with the Trustee pursuant to Section 8.01 and not in violation of this Article XI shall be for the sole benefit of Holders and shall thereafter not be subject to the subordination provisions of this Article XI. Otherwise, any deposit of monies by the Issuer with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or Interest on any Notes shall be subject to the provisions of Sections 11.01, 11.02, 11.03 and 11.05; except that, if at least three Business Days prior to the date on which by the terms of this Indenture any such monies may become payable for any purpose (including, without limitation, the payment of either the principal of or Interest on any Note), a Trust Officer of the Trustee shall not have received with respect to such monies the notice provided for in Section 11.06, then the Trustee or any Paying Agent shall have full power and authority to receive such monies and to apply such monies 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 within three Business Days prior to or after such date. This Section 11.07 shall be construed solely for the benefit of the Trustee and the Paying Agent and shall not otherwise affect the rights that holders of Senior Indebtedness may have to recover any such payments from the Holders in accordance with the provisions of this Article XI.

Application by Trustee of Monies Deposited With It. Money or U.S. Government Obligations deposited in trust with the Trustee pursuant to Section 8.01 Sections 6.3 and 10.1 and not in violation of this Article XI 5 shall be for the sole benefit of Holders Securityholders and shall thereafter not be subject to the subordination provisions of this Article XI5. Otherwise, any deposit of monies by the Issuer Company with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or Interest interest on any Notes Securities shall be subject to the provisions of Sections 11.015.1, 11.025.2, 11.03 5.3 and 11.055.5; except that, if at least three two Business Days prior to the date on which by the terms of this Indenture any such monies may become payable for any purpose (including, without limitation, the payment of either the principal of or Interest interest on any Note), a Trust Officer of Security) the Trustee shall not have received with respect to such monies the notice provided for in Section 11.065.6, then the Trustee or any Paying Agent shall have full power and authority to receive such monies and to apply such monies 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 within three Business Days prior to on or after such date. This Section 11.07 5.7 shall be construed solely for the benefit of the Trustee and the Paying Agent and shall not otherwise affect the rights that holders of Senior Indebtedness may have to recover any such payments from the Holders in accordance with the provisions of this Article XI5.

Application by Trustee of Monies Deposited With It. Money or U.S. Government Obligations deposited in trust with the Trustee pursuant to Section 8.01 and not in violation of this Article XI shall be for the sole benefit of Holders and shall thereafter not be subject to the subordination provisions of this Article XI. Otherwise, any deposit of monies by the Issuer Company with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or Interest interest on any Notes Debentures shall be subject to the provisions of Sections 11.01, 11.02, 11.03 and 11.05; except that, if at least three Business Days prior to the date on which by the terms of this Indenture any such monies may become payable for any purpose (including, without limitation, the payment of either the principal of or Interest interest on any NoteDebenture), a Trust Officer of the Trustee shall not have received with respect to such monies the notice provided for in Section 11.06, then the Trustee or any Paying Agent shall have full power and authority to receive such monies and to apply such monies 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 within three Business Days prior to or after such date. This Section 11.07 shall be construed solely for the benefit of the Trustee and the Paying Agent and shall not otherwise affect the rights that holders of Senior Indebtedness may have to recover any such payments from the Holders in accordance with the provisions of this Article XI.

Application by Trustee of Monies Deposited With It. Money or U.S. Government Obligations deposited in trust with the Trustee pursuant to Section 8.01 4.02 (or in the event that the Company acts as its own Paying Agent, pursuant to Section 10.03) and not in violation of this Article XI 13 shall be for the sole benefit of Holders of Securities and shall thereafter not be subject to the subordination provisions of this Article XI13. Otherwise, any deposit of monies by the Issuer Company with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or Interest interest on any Notes Securities shall be subject to the provisions of Sections 11.0113.01, 11.0213.02, 11.03 13.03 and 11.0513.05; except that, if at least three Business Days prior to the date on which by the terms of this Indenture any such monies may become payable for any purpose (including, without limitation, the payment of either the principal of or Interest interest on any NoteSecurity), a Trust Responsible Officer of the Trustee shall not have received with respect to such monies the notice provided for in Section 11.0613.06, then the Trustee or any Paying Agent shall have full power and authority to receive such monies and to apply such monies 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 within three Business Days prior to or after such date. This Section 11.07 13.07 shall be construed solely for the benefit of the Trustee and the Paying Agent and shall not otherwise affect the rights that holders of Senior Indebtedness may have to recover any such payments from the Holders in accordance with the provisions of this Article XI13.

Application by Trustee of Monies Deposited With It. Money or U.S. Government Obligations deposited in trust with the Trustee pursuant to Section 8.01 and not in violation of accordance with this Article XI 5 and Sections 6.4 and 10.1 shall be for the sole benefit of Holders Debentureholders and shall thereafter not be subject to the subordination provisions of this Article XI5. Otherwise, any deposit of monies by the Issuer Company with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or Interest interest on any Notes Debentures shall be subject to the provisions of Sections 11.015.1, 11.025.2, 11.03 5.3 and 11.055.5; except that, if at least three two Business Days prior to the date on which by the terms of this Indenture any such monies may become payable for any purpose (including, without limitation, the payment of either the principal of or Interest interest on any NoteDebenture), a Trust Officer of the Trustee shall not have received with respect to such monies the notice provided for in Section 11.065.6, then the Trustee or any Paying Agent shall have full power and authority to receive such monies and to apply such monies 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 within three Business Days prior to on or after such date. This Section 11.07 5.7 shall be construed solely for the benefit of the Trustee and the Paying Agent and shall not otherwise affect the rights that holders of Senior Indebtedness may have to recover any such payments from the Holders in accordance with the provisions of this Article XI5.

Application by Trustee of Monies Deposited With It. Money or U.S. Government Obligations deposited in trust with the Trustee pursuant to Section 8.01 and not in violation of this Article XI shall be for the sole benefit of Holders and shall thereafter not be subject to the subordination provisions of this Article XI. Otherwise, any deposit of monies by the Issuer with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or Interest Principal Amount, Issue Price, accrued Original Issue Discount, accrued Liquidated Damages, if any, Redemption Price, Purchase Price, and Change in Control Purchase Price on any Notes Debentures shall be subject to the provisions of Sections 11.014.1, 11.024.2, 11.03 4.3 and 11.054.4; except that, if at least three two (2) Business Days prior to the date on which by the terms of this Indenture any such monies or U.S. Government Obligations may become payable for any purpose (including, without limitation, the payment of either the principal of or Interest Principal Amount, Issue Price, accrued Original Issue Discount, accrued Liquidated Damages, if any, Redemption Price, Purchase Price, and Change in Control Purchase Price on any Note), a Trust Officer of Debenture) the Trustee shall not have received with respect to such monies or U.S. Government Obligations the notice provided for in Section 11.064.5, then the Trustee or any Paying Agent shall have full power and authority to receive such monies and to apply such monies 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 within three Business Days prior to on or after such date. This Section 11.07 4.6 shall be construed solely for the benefit of the Trustee and the Paying Agent and shall not otherwise affect the rights that holders of Senior Indebtedness may have to recover any such payments from the Holders in accordance with the provisions of this Article XIIV.

Application by Trustee of Monies Deposited With It. Money or U.S. Government Obligations deposited in trust with the Trustee pursuant to Section 8.01 Sections 8.1 and 12.1 and not in violation of this Article XI 11 shall be for the sole benefit of Holders and shall thereafter not be subject to the subordination provisions of this Article XI11. Otherwise, any deposit of monies by the Issuer Company with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or Interest interest on any Notes shall be subject to the provisions of Sections 11.0111.1, 11.0211.2, 11.03 11.3 and 11.0511.5; except that, if at least three Business Days prior to the date on which by the terms of this Indenture any such monies may become payable for any purpose (including, without limitation, the payment of either the principal of or Interest interest on any Notesecurity), a Trust Responsible Officer of the Trustee shall not have received with respect to such monies the notice provided for in Section 11.0611.6, then the Trustee or any Paying Agent shall have full power and authority to receive such monies and to apply such monies 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 within three Business Days prior to or after such date. This Section 11.07 11.7 shall be construed solely for the benefit of the Trustee and the Paying Agent and shall not otherwise affect the rights that holders of Senior Indebtedness or Guarantor Senior Indebtedness, as the case may be, may have to recover any such payments from the Holders in accordance with the provisions of this Article XI11.

Application by Trustee of Monies Deposited With It. Money or U.S. Government Obligations deposited in trust with the Trustee pursuant to Section 8.01 Sections 6.03 and 10.01 and not in violation of this Article XI 5 shall be for the sole benefit of Holders Securityholders and shall thereafter not be subject to the subordination provisions of this Article XI5. Otherwise, any deposit of monies by the Issuer Company with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or Interest interest on any Notes Securities shall be subject to the provisions of Sections 11.015.01, 11.025.02, 11.03 5.03 and 11.055.05; except that, if at least three two Business Days prior to the date on which by the terms of this Indenture any such monies may become payable for any purpose (including, without limitation, the payment of either the principal of or Interest interest on any Note), a Trust Officer of Security) the Trustee shall not have received with respect to such monies the notice provided for in Section 11.065.06, then the Trustee or any Paying Agent shall have full power and authority to receive such monies and to apply such monies 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 within three Business Days prior to on or after such date. This Section 11.07 5.07 shall be construed solely for the benefit of the Trustee and the Paying Agent and shall not otherwise affect the rights that holders of Senior Indebtedness may have to recover any such payments from the Holders in accordance with the provisions of this Article XI5.

Application by Trustee of Monies Deposited With It. Money or U.S. Government Obligations securities deposited in trust with the Trustee pursuant to and in accordance with Section 8.01 and not in violation of this Article XI 5.01 shall be for the sole benefit of Holders and Securityholders and, to the extent allocated for the payment of Securities, shall thereafter not be subject to the subordination provisions of this Article XIThirteen. Otherwise, any deposit of monies by the Issuer Company with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or Interest interest on any Notes Securities shall be subject to the provisions of Sections 11.0113.01, 11.0213.02, 11.03 13.03, 13.04 and 11.05; 13.05 except that, if at least three two Business Days prior to the date on which by the terms of this Indenture any such monies may become payable for any purpose (including, without limitation, the payment of either the principal of or Interest the interest on any NoteSecurity), a Trust Officer of the Trustee shall not have received with respect to such monies the notice provided for in Section 11.0613.08, then the Trustee or any the Paying Agent shall have full power and authority to receive such monies and to apply such monies 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 within three Business Days prior to during or after such datetwo Business Days. This Section 11.07 shall be construed solely for the benefit of the Trustee and the Paying Agent and shall not otherwise affect the rights that holders of Senior Indebtedness may have to recover any such payments from the Holders in accordance with the provisions of this Article XIHolders.

Application by Trustee of Monies Deposited With It. Money or U.S. Government Obligations deposited in trust with the Trustee pursuant to Section 8.01 and not in violation of this Article XI shall be for the sole benefit of Holders and shall thereafter not be subject to the subordination provisions of this Article XI. Otherwise, any Any --------------------------------------------------- deposit of monies by the Issuer Company with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of, premium, if any, or interest (including Contingent Payments and any Make-Whole Amount) on, any Securities or Offer to Purchase Price in respect of or Interest on any Notes Securities shall be subject to the provisions of Sections 11.0113.1, 11.0213.2, 11.03 13.3 and 11.05; 13.5 hereof, except that, if at least three prior to the opening of business on the second Business Days Day next prior to the date on which which, by the terms of this Indenture Indenture, any such monies may become payable for any purpose (including, without limitation, the payment of either the principal of of, premium, if any, or Interest on interest (including Contingent Payments and any Note)Make-Whole Amount) on, a Trust Officer of or Offer to Purchase Price in respect of, any Security) the Trustee shall not have received with respect to such monies the notice provided for in Section 11.0613.6, then the Trustee or any Paying Agent shall have the full power and authority to receive such 102 monies and to apply such monies 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 within three Business Days prior to on or after such date. This Section 11.07 shall be construed solely for the benefit of the Trustee and the Paying Agent and shall not otherwise affect the ; without, however, limiting any rights that holders of Senior Indebtedness Debt may have to recover any such payments from the Holders in accordance with the provisions of this Article XIXIII.

Application by Trustee of Monies Deposited With It. Money or U.S. Government Obligations deposited in trust with the Trustee pursuant Except as to Section 8.01 and not in violation of this Article XI shall be for the sole benefit of Holders and shall thereafter not be subject to the subordination provisions of this Article XI. Otherwisedefeasance, any deposit of monies by the Issuer with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or Interest interest on any Notes (including, without limitation, Installment Payments and the Repurchase Price payable with respect to any Notes pursuant to Article 11, if applicable) shall be subject to the provisions of Sections 11.016.02, 11.026.03, 11.03 6.04 and 11.05; 6.05, except that, if prior to the opening of business at least three Business Days prior to preceding the date on which by the terms of this the Indenture any such monies may become payable for any purpose (including, without limitation, the payment of either the principal of or Interest the interest on any NoteNote (including, without limitation, Installment Payments and the Repurchase Price payable with respect to any Notes pursuant to Article 11, if applicable)), a Trust Officer of the Trustee shall not have received with respect to such monies the notice provided for in Section 11.066.07, then the Trustee or any Paying Agent shall have full power and authority to receive such monies and to apply such monies the same to the purpose for which they were received, received and shall not be affected by any notice to the contrary which may be received by it within three Business Days prior to on or after such date. This Section 11.07 shall be construed solely for the benefit of the Trustee and the Paying Agent and shall not otherwise affect the , without, however, limiting any rights that holders of Senior Indebtedness of the Issuer may have to recover any such payments from the Holders in accordance with the provisions of this Article XI6.

Application by Trustee of Monies Deposited With It. Money or U.S. Government Obligations deposited in trust with the Trustee pursuant Except as to Section 8.01 and not in violation of this Article XI shall be for the sole benefit of Holders and shall thereafter not be subject to the subordination provisions of this Article XI. Otherwisedefeasance, any deposit of monies by the Issuer a Guarantor with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or Interest interest on any Notes (including, without limitation, Installment Payments and the Repurchase Price payable with respect to any Notes pursuant to Article 11, if applicable) shall be subject to the provisions of Sections 11.017.02, 11.027.03, 11.03 7.04 and 11.05; 7.05, except that, if prior to the opening of business at least three Business Days prior to preceding the date on which by the terms of this the Indenture any such monies may become payable for any purpose (including, without limitation, the payment payment, pursuant to the Guarantee of such Guarantor, of either the principal of or Interest the interest on any NoteNote (including, without limitation, Installment Payments and the Repurchase Price payable with respect to any Notes pursuant to Article 11, if applicable)), a Trust Officer of the Trustee shall not have received with respect to such monies the notice provided for in Section 11.067.07, then the Trustee or any Paying Agent shall have full power and authority to receive such monies and to apply such monies the same to the purpose for which they were received, received and shall not be affected by any notice to the contrary which may be received by it within three Business Days prior to on or after such date. This Section 11.07 shall be construed solely for the benefit of the Trustee and the Paying Agent and shall not otherwise affect the , without, however, limiting any rights that holders of Senior Indebtedness of such Guarantor may have to recover any such payments from the Holders in accordance with the provisions of this Article XI7.

Application by Trustee of Monies Deposited With It. Money or U.S. Government Obligations deposited in trust with the Trustee pursuant to Section 8.01 hereof and not in violation of this Article XI shall be for the sole benefit of Holders and shall thereafter not be subject to the subordination provisions of this Article XI. Otherwise, any deposit of monies by the Issuer with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or Interest on any Notes shall be subject to the provisions of Sections 11.01, 11.02, 11.03 and 11.0511.05 hereof; except that, if at least three Business Days prior to the date on which by the terms of this Indenture any such monies may become payable for any purpose (including, without limitation, the payment of either the principal of or Interest on any Note), a Trust Officer of the Trustee shall not have received with respect to such monies the notice provided for in Section 11.0611.06 hereof, then the Trustee or any Paying Agent shall have full power and authority to receive such monies and to apply such monies 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 within three Business Days prior to or after such date. This Section 11.07 shall be construed solely for the benefit of the Trustee and the Paying Agent and shall not otherwise affect the rights that holders of Senior Indebtedness may have to recover any such payments from the Holders in accordance with the provisions of this Article XI.

Application by Trustee of Monies Deposited With It. Money or U.S. Government Obligations deposited in trust with the Trustee pursuant to Section 8.01 and not in violation of this Article XI shall be for the sole benefit of Holders and shall thereafter not be subject to the subordination provisions of this Article XI. Otherwise, any Any deposit of monies by the Issuer Company with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of, premium, if any, or interest (including Contingent Payments and any Make-Whole Amount) on, any Securities or Offer to Purchase Price in respect of or Interest on any Notes Securities shall be subject to the provisions of Sections 11.0113.1, 11.0213.2, 11.03 13.3 and 11.05; 13.5 hereof, except that, if at least three prior to the opening of business on the second Business Days Day next prior to the date on which which, by the terms of this Indenture Indenture, any such monies may become payable for any purpose (including, without limitation, the payment of either the principal of of, premium, if any, or Interest on interest (including Contingent Payments and any Note)Make-Whole Amount) on, a Trust Officer of or Offer to Purchase Price in respect of, any Security) the Trustee shall not have received with respect to such monies the notice provided for in Section 11.0613.6, then the Trustee or any Paying Agent shall have the full power and authority to receive such monies and to apply such monies 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 within three Business Days prior to on or after such date. This Section 11.07 shall be construed solely for the benefit of the Trustee and the Paying Agent and shall not otherwise affect the ; without, however, limiting any rights that holders of Senior Indebtedness Debt may have to recover any such payments from the Holders in accordance with the provisions of this Article XIXIII.

Application by Trustee of Monies Deposited With It. Money or U.S. Government Obligations deposited in trust with the Trustee pursuant to Section 8.01 Sections 6.3 and 10.1 and not in violation of this Article XI 5 shall be for the sole benefit of Holders Securityholders and shall thereafter not be subject to the subordination provisions of this Article XI5. Otherwise, any deposit of monies by the Issuer Company with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or Interest interest on any Notes Securities shall be subject to the provisions of Sections 11.015.1, 11.025.2, 11.03 5.3 and 11.055.5; except that, if at least three Business Days prior to the date on which by the terms of this Indenture any such monies may become payable for any purpose (including, without limitation, the payment of either the principal of or Interest interest on any NoteSecurity), a Trust Officer of the Trustee shall not have received with respect to such monies the notice provided for in Section 11.065.6, then the Trustee or any Paying Agent shall have full power and authority to receive such monies and to apply such monies 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 within three Business Days prior to or after such date. This Section 11.07 5.7 shall be construed solely for the benefit of the Trustee and the Paying Agent and shall not otherwise affect the rights that holders of Senior Indebtedness may have to recover any such payments from the Holders in accordance with the provisions of this Article XI5.

Application by Trustee of Monies Deposited With It. Money or U.S. Government Obligations Monies deposited in trust with the Trustee pursuant to Section 8.01 15.01 and not in violation of this Article XI 4 shall be for the sole benefit of Holders Debentureholders and shall thereafter not be subject to the subordination provisions of this Article XI4. Otherwise, any deposit of monies by the Issuer Company with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of of, premium, if any, or Interest interest on any Notes Debentures shall be subject to the provisions of Sections 11.014.01, 11.024.02, 11.03 4.03 and 11.054.05; except that, if at least three Business Days prior to the date on which by the terms of this Indenture any such monies may become payable for any purpose (including, without limitation, the payment of either the principal of of, premium, if any, or Interest interest on any NoteDebenture), a Trust Responsible Officer of the Trustee shall not have received with respect to such monies the notice provided for in Section 11.064.06, then the Trustee or any Paying Agent shall have full power and authority to receive such monies and to apply such monies 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 within three Business Days prior to or after such date. This Section 11.07 4.07 shall be construed solely for the benefit of the Trustee and the Paying Agent and shall not otherwise affect the rights that holders of Senior Indebtedness may have to recover any such payments from the Holders holders of Debentures in accordance with the provisions of this Article XI4.

Application by Trustee of Monies Deposited With It. Money or U.S. Government Obligations deposited in trust with the Trustee pursuant to Section 8.01 Sections 6.3 and 10.1 and not in violation of this Article XI 5 shall be for the sole benefit of Holders Securityholders and shall thereafter not be subject to the subordination provisions of this Article XI5. Otherwise, any deposit of monies by the Issuer Company with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or Interest interest on any Notes Securities shall be subject to the provisions of Sections 11.015.1, 11.025.2, 11.03 5.3 and 11.055.5; except that, if at least three Business Days prior to the date on which by the terms of this Indenture any such monies may become payable for any purpose (including, without limitation, the payment of either the principal of or Interest interest on any NoteSecurity), a Trust Responsible Officer of the Trustee shall not have received with respect to such monies the notice provided for in Section 11.065.6, then the Trustee or any Paying Agent shall have full power and authority to receive such monies and to apply such monies 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 within three Business Days prior to or after such date. This Section 11.07 5.7 shall be construed solely for the benefit of the Trustee and the Paying Agent and shall not otherwise affect the rights that holders of Senior Indebtedness may have to recover any such payments from the Holders in accordance with the provisions of this Article XI5.