Common use of Application by Trustee of Trust Moneys Clause in Contracts

Application by Trustee of Trust Moneys. If the Company shall fail to perform any of its covenants in this Indenture or under any Security Document, the Trustee may (but shall not be required to) at any time and from time to time, use, apply and advance any Trust Moneys held by it under this Article IX or make advances to effect performance of any such covenant on behalf of the Company as contemplated by this Indenture or the Security Documents; provided that (i) the Trustee shall not be required to make any such advances from its own funds and (ii) all moneys so used or advanced by the Trustee, together (in the case of funds advanced by the Trustee) with interest at the rate borne by the Notes shall be repaid by the Issuer upon demand and shall be entitled to the benefit of the Liens of the Security Documents. For repayment of all such advances the Trustee shall have the right to use and apply any Trust Moneys at any time held by it under this Article IX but no such use of Trust Moneys or advance shall relieve the Issuer from any Default or Event of Default.

Appears in 2 contracts

Samples: Indenture (Global Crossing LTD), Indenture (Global Crossing LTD)

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Application by Trustee of Trust Moneys. If the Company shall fail to perform any of its covenants in this Indenture or under any Security Document, the Trustee may (but shall not be required to) at any time and from time to time, use, apply and advance any Trust Moneys held by it under this Article IX or make advances to effect performance of any such covenant on behalf of the Company as contemplated by this Indenture or the Security Documents; , provided that (i) the Trustee shall not be required to make any such advances from its own funds and (ii) all moneys so used or advanced by the Trustee, together (in the case of funds advanced by the Trustee) with interest at the rate borne by the Notes shall be repaid by the Issuer upon demand and shall be entitled to the benefit of the Liens of the Security Documents. For repayment of all such advances the Trustee shall have the right to use and apply any Trust Moneys at any time held by it under this Article IX but no such use of Trust Moneys or advance shall relieve the Issuer from any Default or Event of Default.. Indenture

Appears in 1 contract

Samples: Indenture (Global Crossing North America Inc)

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Application by Trustee of Trust Moneys. If the Company Issuer shall fail to perform any of its covenants in this Indenture or under any Security Document, the Trustee may (but shall not be required to) at any time and from time to time, use, apply and advance any Trust Moneys held by it under this Article IX or make advances to effect performance of any such covenant on behalf of the Company Issuer as contemplated by this Indenture or the Security Documents; provided that (i) the Trustee shall not be required to make any such advances from its own funds and (ii) all moneys so used or advanced by the Trustee, together (in the case of funds advanced by the Trustee) with interest at the rate borne by the Notes shall be repaid by the Issuer upon demand and shall be entitled to the benefit of the Liens of the Security Documents. For repayment of all such advances the Trustee shall have the right to use and apply any Trust Moneys at any time held by it under this Article IX but no such use of Trust Moneys or advance shall relieve the Issuer from any Default or Event of Default.

Appears in 1 contract

Samples: Indenture (Global Crossing LTD)

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