Common use of Application of Trust Funds; Indemnification Clause in Contracts

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.03, all money deposited with the Trustee pursuant to Section 4.01, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.02. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Section 4.02 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 4.02 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount which then would have been required to be deposited for the purpose for which such money or U.S. Government Obligations were deposited or received.

Appears in 9 contracts

Samples: Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (Masco Corp /De/)

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Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.038.5, all money deposited with the Trustee pursuant to Section 4.018.1, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 8.3 or 8.4 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 8.3 or 8.4, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including other than the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons persons entitled thereto thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.028.3 or 8.4. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Section 4.02 8.3 or 8.4 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations or money held by it as provided in Section 4.02 8.3 or 8.4 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such money or U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.

Appears in 8 contracts

Samples: Subordinated Indenture (Mercantile Bank Corp), Subordinated Debt Securities Indenture (First Guaranty Bancshares, Inc.), Indenture (First Guaranty Bancshares, Inc.)

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.03, all money deposited with the Trustee pursuant to Section 4.018.5 hereof, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 8.1, 8.3 or 8.4 hereof and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 Sections 8.1, 8.3 or 8.4 hereof, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons persons entitled thereto thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.02Trustee. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Section 4.02 Sections 8.1, 8.3 or 8.4 hereof or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any money or U.S. Government Obligations or money held by it as provided in Section 4.02 Sections 8.1, 8.3 or 8.4 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such money or U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.

Appears in 7 contracts

Samples: Senior Indenture (Fuelcell Energy Inc), Subordinated Indenture (Fuelcell Energy Inc), Senior Indenture (Fuelcell Energy Inc)

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.038.05, all money and Government Securities deposited with the Trustee pursuant to Section 4.018.01, all money and U.S. Government Obligations Securities deposited with the Trustee pursuant to Section 4.02 Sections 8.03 or 8.04 and all money received by the Trustee in respect of U.S. Government Obligations Securities deposited with the Trustee pursuant to Section 4.02 Sections 8.01, 8.03 or 8.04, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons persons entitled thereto thereto, of the principal (and premium, if any) Principal and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.02Sections 8.03 and 8.04. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations Securities deposited pursuant to Section 4.02 Sections 8.01, 8.03 or 8.04 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any Government Securities or money or U.S. Government Obligations held by it as provided in Section 4.02 whichSections 8.03 or 8.04 that, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such Government Securities or money or U.S. Government Obligations were deposited or received. This provision shall not authorize the sale by the Trustee of any Government Securities held under this Indenture.

Appears in 5 contracts

Samples: Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/)

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.038.05, all money deposited with the Trustee pursuant to Section 4.018.01, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 8.03 or 8.04 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 8.03 or 8.04, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons persons entitled thereto thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.02Sections 8.03 and 8.04. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Section 4.02 Sections 8.03 or 8.04 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations or money held by it as provided in Section 4.02 Sections 8.03 or 8.04 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such money or U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.

Appears in 4 contracts

Samples: Indenture (Advanced Micro Devices Inc), Indenture (Advanced Micro Devices Inc), Indenture (Advanced Micro Devices Inc)

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.038.5, all money deposited with the Trustee pursuant to Section 4.018.1, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 8.3 or 8.4 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 8.3 or 8.4, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuers acting as its own Paying Agent) as the Trustee may determine, to the Persons persons entitled thereto thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.02Sections 8.3 or 8.4. (b) The Company Issuers shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Section 4.02 Sections 8.3 or 8.4 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company Issuers from time to time upon Company Request any money or U.S. Government Obligations or money held by it as provided in Section 4.02 Sections 8.3 or 8.4 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such money or U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.

Appears in 3 contracts

Samples: Indenture (Omnicom Group Inc), Indenture (Omnicom Group Inc), Indenture (Omnicom Group Inc)

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.03, all money deposited with the Trustee pursuant to Section 4.018.5, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 Sections 8.1, 8.3 or 8.4 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 Sections 8.1, 8.3 or 8.4, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.02Sections 8.3 or 8.4. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Section 4.02 Sections 8.1, 8.3 or 8.4 or the interest and principal received in respect of such obligations other than any tax, fee or other charge payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations or money held by it as provided in Section 4.02 Sections 8.1, 8.3 or 8.4 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such money or U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.

Appears in 3 contracts

Samples: Indenture (CNL American Properties Fund Inc), Indenture (CNL American Properties Fund Inc), Indenture (CNL American Properties Fund Inc)

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.038.5, all money deposited with the Trustee pursuant to Section 4.018.1, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 8.3 or 8.4 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 8.3 or 8.4, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including other than the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons persons entitled thereto thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.02Sections 8.3 or 8.4. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Section 4.02 Sections 8.3 or 8.4 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations or money held by it as provided in Section 4.02 Sections 8.3 or 8.4 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such money or U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.

Appears in 3 contracts

Samples: Senior Debt Indenture (Ameris Bancorp), Indenture (United Community Banks Inc), Indenture (United Community Banks Inc)

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.038.05, all money and Government Securities deposited with the Trustee pursuant to Section 4.018.01, all money and U.S. Government Obligations Securities deposited with the Trustee pursuant to Section 4.02 8.03 or 8.04 and all money received by the Trustee in respect of U.S. Government Obligations Securities deposited with the Trustee pursuant to Section 4.02 Sections 8.01, 8.03 or 8.04, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons persons entitled thereto thereto, of the principal (and premium, if any) Principal and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.02Sections 8.03 and 8.04. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations Securities deposited pursuant to Section 4.02 Sections 8.01, 8.03 or 8.04 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any Government Securities or money or U.S. Government Obligations held by it as provided in Section 4.02 whichSections 8.03 or 8.04 that, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such Government Securities or money or U.S. Government Obligations were deposited or received. This provision shall not authorize the sale by the Trustee of any Government Securities held under this Indenture.

Appears in 2 contracts

Samples: Supplemental Indenture (Owens-Illinois Group Inc), Indenture (Owens-Illinois Group Inc)

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.03, all money deposited with the Trustee pursuant to Section 4.018.5, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 8.1, 8.3 or 8.4 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 8.1, 8.3 or 8.4, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons persons entitled thereto thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.02Sections 8.1, 8.3 or 8.4. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Section 4.02 Sections 8.1, 8.3 or 8.4 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon Company Request Order any money or U.S. Government Obligations or money held by it as provided in Section 4.02 Sections 8.3 or 8.4 which, in the opinion of a nationally recognized firm of independent certified public accountants or investment bank expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such money or U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.

Appears in 2 contracts

Samples: Indenture (Agree Realty Corp), Indenture (Agree Limited Partnership)

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.038.05, all money deposited with the Trustee trustee pursuant to Section 4.018.01, all money and U.S. Government Obligations deposited with the Trustee trustee pursuant to Section 4.02 8.03 or 8.04 and all money received by the Trustee trustee in respect of U.S. Government Obligations deposited with the Trustee trustee pursuant to Section 4.02 8.03 or 8.04, shall be held in trust and applied by it, in accordance with the provisions of the Securities securities and this Indentureindenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee trustee may determine, to the Persons persons entitled thereto thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the Trustee trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.02Sections 8.03 and 8.04. (b) The Company shall pay and shall indemnify the Trustee trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Section 4.02 Sections 8.03 or 8.04 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any money or U.S. Government Obligations or money held by it as provided in Section 4.02 Sections 8.03 or 8.04 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trusteetrustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such money or U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the trustee of any U.S. Government Obligations held under this indenture.

Appears in 2 contracts

Samples: Indenture (Lear Corp /De/), Indenture (Lear Corp /De/)

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.038.5, all money deposited with the Trustee pursuant to Section 4.018.1, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 8.3 or 8.4 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 8.3 or 8.4, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including other than the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons persons entitled thereto thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.028.3 or 8.4. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Section 4.02 8.3 or 8.4 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations or money held by it as provided in Section 4.02 which8.3 or 8.4 that, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount which thereof that then would have been required to be deposited for the purpose for which such money or U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.

Appears in 2 contracts

Samples: Indenture (Northwest Bancshares, Inc.), Subordinated Debt Indenture (Northwest Bancshares, Inc.)

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.038.05, all money and Government Securities deposited with the Trustee pursuant to Section 4.018.01, all money and U.S. Government Obligations Securities deposited with the Trustee pursuant to Section 4.02 Sections 8.03 or 8.04 and all money received by the Trustee in respect of U.S. Government Obligations Securities deposited with the Trustee pursuant to Section 4.02 8.03 or 8.04, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons persons entitled thereto thereto, of the principal (and premium, if any) Principal and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.02Sections 8.03 and 8.04. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations Securities deposited pursuant to Section 4.02 Sections 8.01, 8.03 or 8.04 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any Government Securities or money or U.S. Government Obligations held by it as provided in Section 4.02 whichSections 8.03 or 8.04 that, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such Government Securities or money or U.S. Government Obligations were deposited or received. This provision shall not authorize the sale by the Trustee of any Government Securities held under this Indenture.

Appears in 2 contracts

Samples: Indenture (Owens-Illinois Group Inc), Indenture (Owens-Illinois Group Inc)

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Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.038.5, all money or Government Securities deposited with the Trustee pursuant to Section 4.018.1, all money and U.S. Government Obligations Securities deposited with the Trustee pursuant to Section 4.02 8.3 or 8.4 and all money received by the Trustee in respect of U.S. Government Obligations Securities deposited with the Trustee pursuant to Section 4.02 8.3 or 8.4, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons persons entitled thereto thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.02Trustee. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations Securities deposited pursuant to Section 4.02 8.3 or 8.4 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon Company Request the Company’s request any Government Securities or money or U.S. Government Obligations held by it as provided in Section 4.02 Sections 8.3 or 8.4 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such Government Securities or money or U.S. Government Obligations were deposited or received. This provision shall not authorize the sale by the Trustee of any Government Securities held under this Indenture.

Appears in 1 contract

Samples: Indenture (Allegiant Travel CO)

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.03, all money deposited with the Trustee pursuant to Section 4.018.5, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 Sections 8. 1, 8.3 or 8.4 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the 34 41 Trustee pursuant to Section 4.02 Sections 8. 1, 8.3 or 8.4, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.02Sections 8.3 or 8.4. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Section 4.02 Sections 8.1, 8.3 or 8.4 or the interest and principal received in respect of such obligations other than any tax, fee or other charge payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations or money held by it as provided in Section 4.02 Sections 8.1, 8.3 or 8.4 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such money or U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.

Appears in 1 contract

Samples: Indenture (American Spectrum Realty Inc)

Application of Trust Funds; Indemnification. (a) a. Subject to the provisions of the last paragraph of Section 10.03, all money deposited with the Trustee pursuant to Section 4.018.05 hereof, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 8.01, 8.03 or 8.04 hereof and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 Sections 8.01, 8.03 or 8.04 hereof, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons persons entitled thereto thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.02Trustee. (b) b. The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Section 4.02 Sections 8.01, 8.03 or 8.04 hereof or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) c. The Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any money or U.S. Government Obligations or money held by it as provided in Section 4.02 Sections 8.01, 8.03 or 8.04 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such money or U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.

Appears in 1 contract

Samples: Subordinated Indenture (Winner Medical Group Inc)

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.03, all money deposited with the Trustee pursuant to Section 4.01, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 or Section 10.08 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Section 4.02 or Section 10.08 shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.024.02 or Section 10.08, as the case may be. All moneys deposited with the Trustee pursuant to Section 4.01 (and held by it or any Paying Agent) for the payment of Securities subsequently converted shall be returned to the Company upon Company Request. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Section 4.02 or Section 10.08 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 4.02 or 10.08 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount which then would have been required to be deposited for the purpose for which such money or U.S. Government Obligations were deposited or received.

Appears in 1 contract

Samples: Indenture (Pitney Bowes Inc /De/)

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.038.05, all money or Government Securities deposited with the Trustee pursuant to Section 4.018.01, all money and U.S. Government Obligations Securities deposited with the Trustee pursuant to Section 4.02 Sections 8.03 or 8.04 and all money received by the Trustee in respect of U.S. Government Obligations Securities deposited with the Trustee pursuant to Section 4.02 Sections 8.03 or 8.04, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons persons entitled thereto thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.02Sections 8.03 or 8.04. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations Securities deposited pursuant to Section 4.02 Sections 8.03 or 8.04 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon Company Request the Company’s request any Government Securities or money or U.S. Government Obligations held by it as provided in Section 4.02 Sections 8.03 or 8.04 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such Government Securities or money or U.S. Government Obligations were deposited or received. This provision shall not authorize the sale by the Trustee of any Government Securities held under this Indenture.

Appears in 1 contract

Samples: Indenture (American Airlines, Inc.)

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.039.05, all money or Government Securities deposited with the Trustee pursuant to Section 4.019.01, all money and U.S. Government Obligations Securities deposited with the Trustee pursuant to Section 4.02 9.03 or 9.04 and all money received by the Trustee in respect of U.S. Government Obligations Securities deposited with the Trustee pursuant to Section 4.02 9.03 or 9.04, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company any Co-Issuer acting as its own Paying Agent) as the Trustee may determine, to the Persons persons entitled thereto thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.029.03 or 9.04. (b) The Company Co-Issuers shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations Securities deposited pursuant to Section 4.02 9.03 or 9.04 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company Co-Issuers from time to time upon Company Request the Co-Issuers’ request any Government Securities or money or U.S. Government Obligations held by it as provided in Section 4.02 9.03 or 9.04 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such Government Securities or money or U.S. Government Obligations were deposited or received. This provision shall not authorize the sale by the Trustee of any Government Securities held under this Indenture.

Appears in 1 contract

Samples: Indenture (Rivian Automotive, Inc. / DE)

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 10.038.5, all money or Government Securities deposited with the Trustee pursuant to Section 4.018.1, all money and U.S. Government Obligations Securities deposited with the Trustee pursuant to Section 4.02 8.3 or 8.4 and all money received by the Trustee in respect of U.S. Government Obligations Securities deposited with the Trustee pursuant to Section 4.02 8.3 or 8.4, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons persons entitled thereto thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.02Trustee. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations Securities deposited pursuant to Section 4.02 8.3 or 8.4 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon Company Request the Company’s request any Government Securities or money or U.S. Government Obligations held by it as provided in Section 4.02 8.3 or 8.4 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such Government Securities or money or U.S. Government Obligations were deposited or received. This provision shall not authorize the sale by the Trustee of any Government Securities held under this Indenture. Section 8.3.

Appears in 1 contract

Samples: Indenture (Allegiant Travel CO)

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