Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premium, if any and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 24 contracts
Samples: Senior Indenture (Allied Waste Industries Inc), Subordinated Indenture (Eastern Environmental Services Inc), Subordinated Indenture (Eastern Environmental Services Inc)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, principal (and premium, if any any), and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 22 contracts
Samples: New Plan (New Plan Realty Trust), Indenture (Developers Diversified Realty Corp), Indenture (Developers Diversified Realty Corp)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premium, if any any, and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 18 contracts
Samples: Indenture (Universal Logistics Holdings, Inc.), Indenture (Pam Transportation Services Inc), Americas Carmart Inc
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premium, if any and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 16 contracts
Samples: Indenture (WaferGen Bio-Systems, Inc.), Indenture (Methes Energies International LTD), Indenture (Tengion Inc)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premiumprincipal (and premium or Make-Whole Amount, if any any), and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 11 contracts
Samples: Senior Indenture (Liberty Property Limited Partnership), Carramerica Realty Corp, Indenture (Carramerica Realty Corp)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.39.03, all money deposited with the Trustee pursuant to Section 4.1 4.01 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, of the principal, premium, if any any, and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 10 contracts
Samples: Indenture (Metris Companies Inc), Indenture (Amerus Life Holdings Inc), Indenture (Metris Companies Inc)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premiumprincipal (and premium or Make-Whole Amount, if any any), and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 8 contracts
Samples: Reconciliation And (Provident Companies Inc /De/), Indenture (Capstone Turbine Corp), Indenture (Wellsford Residential Property Trust)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, Guarantees 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, premiumprincipal (and premium or Make-Whole Amount, if any any), and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 8 contracts
Samples: Indenture (Prologis Yen Finance LLC), Indenture (Prologis, L.P.), Indenture (Prologis Yen Finance LLC)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premiumprincipal (and premium or Make-Whole Amount, if any any), and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.. ARTICLE FIVE - REMEDIES
Appears in 8 contracts
Samples: Indenture (Avalonbay Communities Inc), Wyman Gordon Co, Bay Apartment Communities Inc
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.33.3, all money deposited with the Trustee pursuant to Section 4.1 10.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, Coupons and this Indenture, to the payment, either directly or through any Paying Agent paying agent (including the Company Issuer or the Guarantor acting as its own Paying Agentpaying agent) as the Trustee may determine, to the Persons entitled thereto, thereto of the principal, premium, if any any, and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 8 contracts
Samples: Indenture (Axis Capital Holdings LTD), Indenture (AXIS Specialty Finance LLC), Indenture (AXIS Specialty Finance LLC)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premium, if any any, and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 7 contracts
Samples: Trust Indenture (At&t Wireless Services Inc), At&t Wireless Services Inc, Esterline Technologies Corp
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.310.03, all money deposited with the Trustee pursuant to Section 4.1 4.01 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, principal (and premium, if any any) and any interest interest, if any, for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 6 contracts
Samples: Ares Capital Corp, Indenture (TCP Capital Corp.), TCP Capital Corp.
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.3, all money and Government Obligations (and the proceeds thereof) deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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 entitled theretothereto as specifically provided herein, of the principal, premium, if any any, and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 6 contracts
Samples: Supplemental Indenture (Cadiz Inc), Supplemental Indenture (Cadiz Inc), Indenture (Fidelity National Information Services, Inc.)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premium, if any and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 6 contracts
Samples: Indenture (Know Labs, Inc.), Indenture (Akoustis Technologies, Inc.), Indenture (Akoustis, Inc.)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.33.3, all money deposited with the Trustee pursuant to Section 4.1 10.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, Coupons and this Indenture, to the payment, either directly or through any Paying Agent paying agent (including the Company Issuer acting as its own Paying Agentpaying agent) as the Trustee may determine, to the Persons entitled thereto, thereto of the principal, premium, if any and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 6 contracts
Samples: Indenture (Greenlight Capital Re, Ltd.), Senior Indenture (Greenlight Capital Re, Ltd.), Indenture (Alterra Finance LLC)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.33.3, all money deposited with the Trustee pursuant to Section 4.1 10.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, Coupons and this Indenture, to the payment, either directly or through any Paying Agent paying agent (including the Company Issuer or the Guarantor acting as its own Paying Agentpaying agent) as the Trustee may determine, to the Persons entitled thereto, thereto of the principal, premium, if any Principal and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 6 contracts
Samples: Senior Indenture (Enstar Finance LLC), Subordinated Indenture (Enstar Finance LLC), Senior Indenture (Enstar Finance LLC)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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 entitled thereto, of the principal, premium, if any any, and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 6 contracts
Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/), Ual Corp /De/
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.33.3, all money deposited with the Trustee pursuant to Section 4.1 10.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, Coupons and this Indenture, to the payment, either directly or through any Paying Agent paying agent (including the Company Issuer or the Guarantor acting as its own Paying Agentpaying agent) as the Trustee may determine, to the Persons entitled thereto, thereto of the principal, premium, if any any, and any interest or Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 5 contracts
Samples: AXIS Specialty Finance LLC, AXIS Specialty Finance LLC, Senior Indenture (Axis Capital Holdings LTD)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premiumprincipal (and premium or Make-Whole Amount, if any any), and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 5 contracts
Samples: Indenture (Wyman Gordon Co), Indenture (Trinet Corporate Realty Trust Inc), Bay Apartment Communities Inc
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.310.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, principal (and premium, if any any) and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 5 contracts
Samples: Indenture (Leap Wireless International Inc), Indenture (Jmar Technologies Inc), Indenture (Neurocrine Biosciences Inc)
Application of Trust Funds. Subject to the provisions of the -------------------------- last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premiumprincipal (and premium or Make-Whole Amount, if any any) and any interest and Additional Amounts, if any, for whose the payment of which such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 5 contracts
Samples: Security Capital U S Realty, Security Capital Group Inc/, Security Capital U S Realty
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.310.03, all money deposited with the Indenture Trustee pursuant to Section 4.1 4.01 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Indenture Trustee may determine, to the Persons entitled thereto, of the principal, principal (and premium, if any any), and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Indenture Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 5 contracts
Samples: Indenture (Lexington Corporate Properties Trust), Indenture (Beazer Homes Usa Inc), Lexington Corporate Properties Trust
Application of Trust Funds. Subject to the provisions revisions of the last paragraph of Section 9.33.3, all money deposited with the Trustee pursuant to Section 4.1 10.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, Coupons and this Indenture, to the payment, either directly or through any Paying Agent paying agent (including the Company Issuer acting as its own Paying Agentpaying agent) as the Trustee may determine, to the Persons entitled thereto, thereto of the principal, premium, if any and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 5 contracts
Samples: Indenture (Scottish Annuity & Life Holdings LTD), Indenture (Scottish Annuity & Life Holdings LTD), Indenture (Nationwide Financial Services Inc/)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.310.03, all money deposited with the Trustee pursuant to Section 4.1 4.01 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, principal (and premium, if any any) and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 4 contracts
Samples: Indenture (Metropolitan Mortgage & Securities Co Inc), Indenture (Summit Securities Inc /Id/), Indenture (Franchise Finance Corp of America)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if anyNotes, 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, premiumprincipal and premium or Make-Whole Amount, if any any, and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 4 contracts
Samples: Carramerica Realty Corp, Carramerica Realty Corp, Indenture (Carramerica Realty Corp)
Application of Trust Funds. Subject to the provisions -------------------------- of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, principal (and premium, if any any), and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 4 contracts
Samples: Indenture (Worldcom Inc /Ga/), Airgas Inc, Level 3 Communications Inc
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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 entitled theretothereto as specifically provided herein, of the principal, premium, if any any, and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 4 contracts
Samples: Indenture (Fidelity National Title Group, Inc.), Indenture (Fidelity National Title Group, Inc.), Indenture (Fidelity National Title Group, Inc.)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premium, if any any, and any interest interest, if any, for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 4 contracts
Samples: Indenture (Federal Mogul Corp), Federal Mogul U K Holdings Inc, Federal Mogul Corp
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Partnership acting as its own own, or the Guarantor acting as, Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principal, premiumprincipal (and premium or Make-Whole Amount, if any any), and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.. ARTICLE FIVE - REMEDIES
Appears in 4 contracts
Samples: Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, principal (and premium, if any any) and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 4 contracts
Samples: Indenture (Realty Income Corp), Form of Indenture (Realty Income Corp), Indenture (Shurgard Storage Centers Inc)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premiumprincipal (and premium or Make-Whole Amount, if any any), and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 3 contracts
Samples: Friedmans Management Corp, Accredo Therapeutics Inc, Bugaboo Creek Holdings Inc
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.33.4 herein, all money deposited with the Trustee pursuant to Section 4.1 8.1 herein shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premium, if any any, interest, if any, and any interest Additional Interest, if any, for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 3 contracts
Samples: Indenture (Navistar International Corp), Indenture (Navistar, Inc.), Navistar International Corp
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.33.3, all money deposited with the Trustee pursuant to Section 4.1 10.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, Coupons and this Indenture, to the payment, either directly or through any Paying Agent paying agent (including the Company Issuer acting as its own Paying Agentpaying agent) as the Trustee may determine, to the Persons entitled thereto, thereto of the principal, premium, if any any, and any interest or Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 3 contracts
Samples: Senior Indenture (Enstar Group LTD), Indenture (Rediff Com India LTD), Indenture (Rediff Com India LTD)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Partnership acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principal, premiumprincipal (and premium or Make-Whole Amount, if any any), and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.. ARTICLE FIVE - REMEDIES
Appears in 3 contracts
Samples: Beacon Properties L P, Bradley Operating L P, Heritage Property Investment Trust Inc
Application of Trust Funds. Subject to the provisions of the -------------------------- last paragraph of Section 9.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premium, if any any, and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 3 contracts
Samples: St Paul Bancorp Inc, Farmland Industries Inc, St Paul Bancorp Inc
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, of the principal, premium, if any any, and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 3 contracts
Samples: Conseco Inc Et Al, Cihc Inc, Cihc Inc
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31103, all money deposited with the Trustee pursuant to Section 4.1 501 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuer acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principal, principal (and premium, if any any), and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.. ARTICLE SIX REMEDIES
Appears in 3 contracts
Samples: Eighth Supplemental Indenture (Kimco Realty OP, LLC), Eighth Supplemental Indenture (Kimco Realty Corp), Kimco Realty OP, LLC
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.310.03, all money deposited with the Trustee pursuant to Section 4.1 4.01 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, principal (and premium, if any any) and any interest interest, if any, for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 3 contracts
Samples: Carlyle Secured Lending, Inc., Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp)
Application of Trust Funds. Subject to the provisions of the -------------------------- last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, principal (and premium, if any any) and any interest and Additional Amounts, if any, for whose the payment of which such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 3 contracts
Samples: McLeodusa Inc, McLeodusa Inc, McLeodusa Inc
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.310.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premiumprincipal (and premium or Make-Whole Amount, if any any) and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 3 contracts
Samples: Commercial Net Lease Realty Inc, Commercial Net Lease Realty Inc, National Retail Properties, Inc.
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, principal (and premium, if any any) and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.. ARTICLE FIVE
Appears in 3 contracts
Samples: Shurgard Storage Centers Inc, Shurgard Storage Centers Inc, Shurgard Storage Centers Inc
Application of Trust Funds. Subject to the provisions of the last penultimate paragraph of Section 9.310.03, all money deposited with the Trustee pursuant to Section 4.1 4.01 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, thereto 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, premium, if any any, and any interest interest, if any, for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 3 contracts
Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Sea Containers LTD /Ny/
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.3903, all money deposited with the Trustee pursuant to Section 4.1 301 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, principal (and premium, if any any) and any interest interest, if any, for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 2 contracts
Samples: Indenture (WhiteHorse Finance, Inc.), Indenture (WhiteHorse Finance, Inc.)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.33.3, all money deposited with the Trustee pursuant to Section 4.1 10.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, Coupons and this Indenture, to the payment, either directly or through any Paying Agent paying agent (including the Company Issuer acting as its own Paying Agentpaying agent) as the Trustee may determine, to the Persons entitled thereto, thereto of the principal, premium, if any and any interest or Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 2 contracts
Samples: AXIS Specialty Finance LLC, AXIS Specialty Finance LLC
Application of Trust Funds. Subject to the provisions revisions of the last paragraph of Section 9.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premium, if any and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 2 contracts
Samples: Subordinated Indenture (Conseco Financing Trust X), Conseco Inc Et Al
Application of Trust Funds. Subject to the provisions of the -------------------------- last paragraph of Section 9.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premium, if any and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 2 contracts
Samples: Indenture (Acterna Corp), Acterna Corp
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.33.4 hereof, all money deposited with the Trustee pursuant to Section 4.1 8.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, Securities and this Indenture, to the payment, either directly or through any Paying Agent (including excluding the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principal, premium, if any any, and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 2 contracts
Samples: Security Agreement (Cummins Inc), Dana Corp
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Partnership acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principal, principal (and premium, if any any), and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.. ARTICLE FIVE - REMEDIES
Appears in 2 contracts
Samples: Summit Properties Partnership L P, Gables Realty Limited Partnership
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Debt Securities, the interest coupons appertaining thereto, if any, 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 be Persons entitled thereto, of the principal, principal (and premium, if any any), and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 2 contracts
Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust in the form of cash or Government Obligations and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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 entitled thereto, of the principal, premium, if any any, and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 2 contracts
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.33.4, all money deposited with the Trustee pursuant to Section 4.1 8.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premium, if any and any interest any, interest, if any, (including Additional Interest, if any) for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 2 contracts
Samples: Indenture (Navistar International Corp), Indenture (Navistar International Corp)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31103, all money deposited with the Trustee pursuant to Section 4.1 501 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuer acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principal, principal (and premium, if any any), and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.. ARTICLE six REMEDIES
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Kimco Realty OP, LLC), Fourth Supplemental Indenture (Kimco Realty Corp)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuer acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principal, principal (and premium, if any any), and any interest interest, if any, and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 2 contracts
Samples: Indenture (Walden Residential Properties Inc), Chateau Communities Inc
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.310.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, principal (and premium, if any any), and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 2 contracts
Samples: Advanced Energy Industries Inc, Advanced Energy Industries Inc
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.37.3, all money deposited with the Trustee pursuant to Section 4.1 7.4 shall be held in trust and applied by it, in accordance with the provisions of the Debt Securities, the interest coupons appertaining thereto, if any, and this Indenture, to the payment, either directly or through any Paying Agent (including other than the Company Corporation acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principal, principal (and premium, if any any), and any interest interest, if any, and Additional Amounts, if any, for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 2 contracts
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.310.03, all money deposited with the Trustee pursuant to Section 4.1 4.01 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuer acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principal, principal (and premium, if any any), and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 2 contracts
Samples: Indenture (American Standard Companies Inc), Indenture (American Standard Companies Inc)
Application of Trust Funds. Subject to the provisions of the -------------------------- last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Operating Partnership acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principal, premiumprincipal (and premium or Make-Whole Amount, if any any) and any interest and Additional Amounts, if any, for whose the payment of which such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 2 contracts
Samples: Cabot Industrial Properties Lp, Cabot Industrial Trust
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.310.03, all money deposited with the Trustee pursuant to Section 4.1 4.01 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuer acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principalprincipal (and premium), premium, if any and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 2 contracts
Samples: Indenture (American Standard Companies Inc), Indenture (American Standard Companies Inc)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, principal (and premium, if any any), and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.. ARTICLE FIVE - REMEDIES
Appears in 1 contract
Samples: Oasis Residential Inc
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.33.4 herein, all money deposited with the Trustee pursuant to Section 4.1 8.1 herein shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premium, if any any, and any interest interest, if any, for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.. EXHIBIT 4.35 (continued)
Appears in 1 contract
Application of Trust Funds. Subject to the provisions -------------------------- of the last paragraph of Section 9.33.3, all money deposited with the Trustee pursuant to Section 4.1 8.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premium, if any any, and any interest interest, if any, for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 1 contract
Samples: Federal Mogul Corp
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Partnership acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principal, principal (and premium, if any any), and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 1 contract
Application of Trust Funds. Subject to the provisions of the last penultimate paragraph of Section 9.3, 4.03 all money deposited with the Trustee pursuant to Section 4.1 8.01 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, Notes and this Indenture, to the payment, either directly or through any Paying Agent paying agent (including the Company acting as its own Paying Agentpaying agent) as the Trustee may determine, to the Persons entitled thereto, thereto of the principal, premium, if any any, and any interest or Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 1 contract
Samples: Indenture (Watford Holdings Ltd.)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.310.03, all money deposited with the Trustee pursuant to Section 4.1 4.01 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, principal (and premium, if any any) and any interest interest, if any, for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 1 contract
Samples: Sixth Street Specialty Lending, Inc.
Application of Trust Funds. Subject to the provisions of the last paragraph penultimate and ultimate paragraphs of Section 9.35.03, all money deposited with the Trustee pursuant to Section 4.1 9.01 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, Notes and this Indenture, to the payment, either directly or through any Paying Agent paying agent (including the Company acting as its own Paying Agentpaying agent) as the Trustee may determine, to the Persons entitled thereto, thereto of the principal, premium, if any any, and any interest or Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 1 contract
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.310.03, all money deposited with the Trustee pursuant to Section 4.1 4.01 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, principal (and premium, if any any) and any interest interest, if any, for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law. Money so held in trust is subject to the Trustee’s rights under Section 6.06.
Appears in 1 contract
Samples: Garrison Capital Inc.
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.33.4 herein, all money deposited with the Trustee pursuant to Section 4.1 8.1 herein shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, Securities and this Supplemental 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, premium, if any any, and any interest interest, if any, for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 1 contract
Application of Trust Funds. Subject to the provisions provision of the last paragraph of Section 9.310.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, of the principal, principal (and premium, if any any), and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 1 contract
Samples: Berkshire Realty Co Inc /De
Application of Trust Funds. Subject to the provisions revisions of the last paragraph of Section 9.33.3, all money deposited with the Trustee pursuant to Section 4.1 10.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, Coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuer acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, thereto of the principal, premium, if any and any interest (including any Additional Interest) for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 1 contract
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.3SECTION 3.3 herein, all money deposited with the Trustee pursuant to Section 4.1 SECTION 8.1 herein shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premium, if any any, and any interest interest, if any, for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 1 contract
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.33.3, all money deposited with the Trustee pursuant to Section 4.1 8.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premium, if any any, and any interest interest, if any, for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 1 contract
Samples: Indenture (Trylon Corp/Mi/)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.310.03, all money deposited with the Trustee pursuant to Section 4.1 4.01 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, and this Indenture, to the payment, either directly or through any Paying Agent (including the Company or the Guarantor acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principal, premiumprincipal (and premium or Make-Whole Amount, if any any), and any interest interest, if any, for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 1 contract
Samples: Boston Properties LTD Partnership
Application of Trust Funds. Subject to the provisions -------------------------- of the last paragraph of Section 9.39.03, all money deposited with the Trustee pursuant to Section 4.1 4.01 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, of the principal, premium, if any any, and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 1 contract
Samples: Indenture (Metris Companies Inc)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money deposited with the Trustee pursuant to Section 4.1 401 36 43 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, principal (and premium, if any any), and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.. ARTICLE FIVE - REMEDIES
Appears in 1 contract
Samples: Oasis Residential Inc
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money amounts deposited with the Trustee pursuant to Section 4.1 401 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, principal (and premium, if any any), and any interest and Additional Amounts for whose payment such money has amounts have been deposited with or received by the Trustee, but such money amounts need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 1 contract
Samples: Indenture (Dynex Capital Inc)
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by itthe Trustee, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, premium, if any any, and any interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 1 contract
Samples: Farmland Industries Inc
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.33.3, all money deposited with the Trustee pursuant to Section 4.1 10.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, Coupons and this Indenture, to the payment, either directly or through any Paying Agent paying agent (including the Company Issuer acting as its own Paying Agentpaying agent) as the Trustee may determine, to the Persons entitled thereto, thereto of the principal, premium, if any any, and any interest or Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 1 contract
Application of Trust Funds. Subject to the provisions of the last paragraph penultimate and ultimate paragraphs of Section 9.34.03, all money deposited with the Trustee pursuant to Section 4.1 8.01 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, Notes and this Indenture, to the payment, either directly or through any Paying Agent paying agent (including the Company acting as its own Paying Agentpaying agent) as the Trustee may determine, to the Persons entitled thereto, thereto of the principal, premium, if any any, and any interest or Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 1 contract
Application of Trust Funds. 31 Subject to the provisions of the last paragraph of Section 9.310.3, all money deposited with the Trustee pursuant to Section 4.1 shall be held in trust and applied by it, in accordance with the provisions of the Securities, the interest coupons appertaining thereto, if any, 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, principal (and premium, if any any) and any interest and Additional Amounts for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except as otherwise provided herein and except to the extent required by law.
Appears in 1 contract
Samples: Indenture (Price Legacy Corp)