Common use of Application of Money Collected by Trustee Clause in Contracts

Application of Money Collected by Trustee. Any money collected by the Trustee with respect to the Securities of any series pursuant to Section 6.02 shall be applied in the following order, at the date or dates fixed by the Trustee for the distribution of such money, upon presentation of the Securities of such series and stamping thereon the payment, if only partially paid, and upon surrender thereof if fully paid, subject in each case to Article 11: FIRST: to the payment of all amounts then due the Trustee under Section 7.07; SECOND: in case the principal of the outstanding Securities of such series shall not have become due and shall be unpaid, to the payment of interest on the Securities of such series in the order of the maturity of the installments of such interest; with interest (to the extent enforceable under applicable law) upon the overdue installments of interest at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Securities), such payments to be made ratably to the persons entitled thereto; and THIRD: in case the principal of the outstanding Securities of such series shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Securities of such series for Principal and interest, with interest on the portion of the overdue Principal that consists of principal and (to the extent enforceable under applicable law) upon overdue installments of interest at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Securities); and in case such money shall be insufficient to pay in full the whole amount so due and unpaid upon the Securities of such series, then to the payment of such Principal and interest without preference or priority of Principal over interest or Yield to Maturity, or of interest or Yield to Maturity over Principal, or of any installment of interest over any other installment of interest, or of any Security of such series over any other Security of such series, ratably to the aggregate of such Principal and accrued and unpaid interest or Yield to Maturity.

Application of Money Collected by Trustee. Any money collected by the Trustee with respect to the Securities of any series pursuant to Section 6.02 shall be applied in the following order, at the date or dates fixed by the Trustee for the distribution of such money, upon presentation of the Securities of such series and stamping thereon the payment, if only partially paid, and upon surrender thereof if fully paid, subject in each case to Article 11: FIRST: to the payment of costs and expenses applicable to such Securities in respect of which moneys have been collected, including reasonable compensation to the Trustee its agents and counsel and of all expenses and liabilities incurred, including the costs and expenses of collection, and all advances made, by the Trustee and each predecessor Trustee and all amounts then due the Trustee under Section 7.07; SECOND: in case the principal of the outstanding Securities of such series shall not have become due and shall be unpaid, to the payment of interest on the Securities of such series in the order of the maturity of the installments of such interest; , with interest (to the extent enforceable under applicable law) upon the overdue installments of interest at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Securities), such payments to be made ratably to the persons entitled thereto; and THIRD: in case the principal of the outstanding Securities of such series shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Securities of such series for Principal and interest, with interest on the portion of the overdue Principal that consists of principal and (to the extent enforceable under applicable law) upon overdue installments of interest at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Securities); and in case such money shall be insufficient to pay in full the whole amount so due and unpaid upon the Securities of such series, then to the payment of such Principal and interest without preference or priority of Principal over interest or Yield to Maturity, or of interest or Yield to Maturity over Principal, or of any installment of interest over any other installment of interest, or of any Security of such series over any other Security of such series, ratably to the aggregate of such Principal and accrued and unpaid interest or Yield to Maturity; and FOURTH: to the payment of the remainder, if any, to the Company or such party as a court of competent jurisdiction shall direct.

Application of Money Collected by Trustee. Any money or other property collected by the Trustee pursuant to Section 6.02 with respect to the Debt Securities of any series pursuant to Section 6.02 shall be applied applied, in the following orderorder following, at the date or dates fixed by the Trustee for the distribution of such moneymoney or other property, upon presentation of the several Debt Securities of such series in respect of which money or other property have been collected, and stamping the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid, subject in each case to Article 11: FIRST: to To the payment of all amounts then money due the Trustee under pursuant to Section 7.077.06; SECOND: in In case the principal of the outstanding Outstanding Debt Securities in respect of which such series money has been collected shall not have become due and shall be unpaiddue, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest; , with interest (to the extent enforceable under applicable lawthat such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Debt Securities)) borne by the Debt Securities of such series, such payments to be made ratably to the persons Persons entitled thereto, without discrimination or preference; and THIRD: in In case the principal of the outstanding Outstanding Debt Securities in respect of which such series money has been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for Principal principal and premium, if any, and interest, with interest on the portion of the overdue Principal that consists of principal and premium, if any, and (to the extent enforceable under applicable lawthat such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Debt Securities)) borne by the Debt Securities of such series; and and, in case such money shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such Principal principal and interest premium, if any, and interest, without preference or priority of Principal principal and premium, if any, over interest or Yield to Maturityinterest, or of interest or Yield to Maturity over Principalprincipal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any other Debt Security of such series, ratably to the aggregate of such Principal principal and accrued premium, if any, and unpaid interest interest; and FOURTH: The remainder, if any, shall be paid to any of the Subsidiary Guarantors or Yield the Partnership, as applicable, its successors or assigns, or to Maturitywhomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Partnership shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Application of Money Collected by Trustee. Any money or other property collected by the Trustee pursuant to Section 6.02 with respect to the Debt Securities of any series pursuant to Section 6.02 shall be applied applied, after giving effect to Article XII, if applicable, in the following orderorder following, at the date or dates fixed by the Trustee for the distribution of such moneymoney or other property, upon presentation of the several Debt Securities of such series in respect of which money or other property have been collected, and stamping the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid, subject in each case to Article 11: FIRST: to To the payment of all amounts then money due the Trustee under pursuant to Section 7.077.06; SECOND: in In case the principal of the outstanding Outstanding Debt Securities in respect of which such series money has been collected shall not have become due and shall be unpaiddue, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest; , with interest (to the extent enforceable under applicable lawthat such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Debt Securities)) borne by the Debt Securities of such series, such payments to be made ratably to the persons Persons entitled thereto, without discrimination or preference; and THIRD: in In case the principal of the outstanding Outstanding Debt Securities in respect of which such series money has been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for Principal principal and premium, if any, and interest, with interest on the portion of the overdue Principal that consists of principal and premium, if any, and (to the extent enforceable under applicable lawthat such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Debt Securities)) borne by the Debt Securities of such series; and and, in case such money shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such Principal principal and interest premium, if any, and interest, without preference or priority of Principal principal and premium, if any, over interest or Yield to Maturityinterest, or of interest or Yield to Maturity over Principalprincipal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any other Debt Security of such series, ratably to the aggregate of such Principal principal and accrued premium, if any, and unpaid interest or Yield to Maturity.interest; and

Application of Money Collected by Trustee. Any money or other property collected by the Trustee pursuant to Section 6.02 with respect to the Debt Securities of any series pursuant to Section 6.02 shall be applied applied, after giving effect to the provisions of Article XII, if applicable, in the following orderorder following, at the date or dates fixed by the Trustee for the distribution of such moneymoney or other property, upon presentation of the several Debt Securities of such series in respect of which money or other property have been collected, and stamping the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid, subject in each case to Article 11: FIRST: to To the payment of all amounts then money due the Trustee under pursuant to Section 7.077.06; SECOND: in In case the principal of the outstanding Outstanding Debt Securities in respect of which such series money has been collected shall not have become due and shall be unpaiddue, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest; , with interest (to the extent enforceable under applicable lawthat such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Debt Securities)) borne by the Debt Securities of such series, such payments to be made ratably to the persons Persons entitled thereto, without discrimination or preference; and THIRD: in In case the principal of the outstanding Outstanding Debt Securities in respect of which such series money has been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for Principal principal and premium, if any, and interest, with interest on the portion of the overdue Principal that consists of principal and premium, if any, and (to the extent enforceable under applicable lawthat such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Debt Securities)) borne by the Debt Securities of such series; and and, in case such money shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such Principal principal and interest premium, if any, and interest, without preference or priority of Principal principal and premium, if any, over interest or Yield to Maturityinterest, or of interest or Yield to Maturity over Principalprincipal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any other Debt Security of such series, ratably to the aggregate of such Principal principal and accrued premium, if any, and unpaid interest interest; and FOURTH: The remainder, if any, shall be paid to any of the Subsidiary Guarantors or Yield the Partnership, as applicable, its successors or assigns, or to Maturitywhomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Partnership shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Application of Money Collected by Trustee. Any money or other property collected by the Trustee pursuant to Section 6.02 with respect to the Debt Securities of any series pursuant to Section 6.02 shall be applied applied, in the following orderorder following, at the date or dates fixed by the Trustee for the distribution of such moneymoney or other property, upon presentation of the several Debt Securities of such series in respect of which money or other property have been collected, and stamping the notation thereon of the payment, if only partially paid, and upon surrender thereof if fully paid, subject in each case to Article 11: FIRST: to To the payment of all amounts then money due the Trustee under pursuant to Section 7.077.06; SECOND: in In case the principal of the outstanding Outstanding Debt Securities in respect of which such series money has been collected shall not have become due and shall be unpaiddue, to the payment of interest on the Debt Securities of such series in the order of the maturity of the installments of such interest; , with interest (to the extent enforceable under applicable lawthat such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Debt Securities)) borne by the Debt Securities of such series, such payments to be made ratably to the persons Persons entitled thereto, without discrimination or preference; and THIRD: in In case the principal of the outstanding Outstanding Debt Securities in respect of which such series money has been collected shall have become due, by declaration or otherwise, to the payment of the whole amount then owing and unpaid upon the Debt Securities of such series for Principal principal and premium, if any, and interest, with interest on the portion of the overdue Principal that consists of principal and premium, if any, and (to the extent enforceable under applicable lawthat such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Debt Securities)) borne by the Debt Securities of such series; and and, in case such money shall be insufficient to pay in full the whole amount so due and unpaid upon the Debt Securities of such series, then to the payment of such Principal principal and interest premium, if any, and interest, without preference or priority of Principal principal and premium, if any, over interest or Yield to Maturityinterest, or of interest or Yield to Maturity over Principalprincipal and premium, if any, or of any installment of interest over any other installment of interest, or of any Debt Security of such series over any other Debt Security of such series, ratably to the aggregate of such Principal principal and accrued premium, if any, and unpaid interest or Yield to Maturity.interest; and