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: Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries 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: Indenture (Pep Boys Manny Moe & Jack), Indenture (Hospitality Properties Trust), Indenture (Hospitality Properties Trust)
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 (Americas Carmart Inc), Indenture (Universal Logistics Holdings, Inc.), Indenture (Pam Transportation 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, 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 13 contracts
Samples: Senior Indenture (Liberty Property Limited Partnership), Indenture (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 (Amerus Life Holdings Inc), Senior Indenture (AmerUs Capital V), 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, 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 9.33.3, 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: Junior Subordinated Indenture (Axis Capital Holdings LTD), Subordinated Indenture (AXIS Specialty Finance LLC), Junior Subordinated Indenture (AXIS Specialty 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 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 (Unumprovident Financing Trust Iii), Indenture (Capstone Turbine Corp), Indenture (Provident Companies Inc /De/)
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 (Western Investment Real Estate Trust), Indenture (Trinet Corporate Realty Trust Inc), Indenture (Trinet Corporate Realty Trust Inc)
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: Indenture (Cadiz Inc), Indenture (Cadiz Inc), Indenture (Fidelity National Information 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, 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: Indenture (Ares Capital Corp), Indenture (TCP Capital Corp.), Indenture (TCP Capital Corp.)
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 (Lexington Corporate Properties Trust), Indenture (Beazer Homes Usa 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 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: Subordinated Indenture (AXIS Specialty Finance LLC), Junior Subordinated Indenture (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, 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 (Kilroy Realty, L.P.), Indenture Agreement (Realty Income Corp), Indenture (Pan Pacific 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, 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: Indenture (Security Capital U S Realty), Indenture (Security Capital U S Realty), Indenture (Security Capital 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), Indenture (Federal Mogul Corp), Indenture (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 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 (Level 3 Communications Inc), Indenture (Level 3 Communications Inc), Indenture (Airgas 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 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: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty 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, 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 (Franchise Finance Corp of America), 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 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 9.3, 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 Financial Inc /De/), Indenture (Fidelity National Title Group, 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 3 contracts
Samples: Senior Indenture (Enstar Group LTD), Subordinated Indenture (Rediff Com India LTD), Senior 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, 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: Indenture (Accredo Therapeutics Inc), Indenture (Bugaboo Creek Holdings Inc), Indenture (Friedmans Management Corp)
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.), Indenture (Navistar International 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: Indenture (McLeodusa Inc), Indenture (McLeodusa Inc), Indenture (McLeodusa 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: Indenture (Shurgard Storage Centers Inc), Indenture (Shurgard Storage Centers Inc), Indenture (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/), Indenture (Sea Containers LTD /Ny/)
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: Indenture (Beacon Properties L P), Indenture (Bradley Operating L P), Indenture (Heritage Property Investment Trust 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, 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: Indenture (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 9.31103, 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 9.33.4, 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: Supplemental Indenture (Kimco Realty OP, LLC), Supplemental Indenture (Kimco Realty 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 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: Junior Subordinated Indenture (AXIS Specialty Finance LLC), Subordinated Indenture (AXIS Specialty 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 Issuer 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 2 contracts
Samples: Indenture (First Industrial Realty Trust Inc), Indenture (First Industrial Realty Trust 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.. ARTICLE FIVE
Appears in 2 contracts
Samples: Indenture (Centerpoint Properties Trust), Indenture (Capstone Turbine 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 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 9.31003, 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 (Chateau Communities Inc), Indenture (Walden Residential Properties 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 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 9.3, 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), Subordinated Indenture (Acterna 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 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: Indenture (Cabot Industrial Properties Lp), Indenture (Cabot Industrial Trust)
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
Samples: Indenture (Mesa Air New York, Inc.), Indenture (Mesa Air New York, 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 Trust 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 1 contract
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: Indenture (Oasis Residential Inc)
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
Samples: Junior Subordinated Indenture (Scottish Annuity & Life Holdings LTD)
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
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
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. 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 9.31003, 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: Indenture (Oasis Residential 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 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 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 1 contract
Application of Trust Funds. Subject to the provisions of the last paragraph of Section 9.31003, all money or non-callable Government Securities 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 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, 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: Indenture Agreement (Boston Properties LTD Partnership)
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.
Appears in 1 contract
Samples: Indenture (Kimco Realty OP, LLC)
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
Samples: First Supplemental Indenture (Navistar International 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. Money so held in trust is subject to the Trustee’s rights under Section 6.06.
Appears in 1 contract
Samples: Indenture (Garrison Capital 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, 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 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 (Federal Mogul Corp)
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.
Appears in 1 contract
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 9.310.03, 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, 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.. ARTICLE FIVE - REMEDIES
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 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