Common use of Application of Trust Money Clause in Contracts

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as Paying Agent for itself and the Co-Issuer) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 10 contracts

Samples: Indenture (Restaurant Brands International Inc.), Indenture (Restaurant Brands International Limited Partnership), Indenture (Restaurant Brands International Limited Partnership)

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Application of Trust Money. (a) Subject to the provisions of the last paragraph of Section 8.6 1003 hereof, all money or U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 Sections 401, 403 or 1009 hereof and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 401, 403 or 1009 hereof, shall be held in trust and applied by it, in accordance with the provisions of the Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as Paying Agent for itself and the Co-Issuer) as the Trustee may determine, to the Persons persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amountsinterest, if any) , for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required or received by law. If the Trustee or Paying Agent is unable to apply make mandatory sinking fund payments or analogous payments as contemplated by Sections 401, 403 or 1009 hereof. (b) The Company shall pay and shall indemnify the Trustee against any money tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 401, 403 or 1009 hereof or the interest and principal received in accordance with Section 11.1 respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon Company Request any U.S. Government Obligations or money held by it as provided in Sections 401, 403 or 1009 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or money was deposited or received. This provision shall not authorize the sale by reason the Trustee of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agentunder this Indenture.

Appears in 8 contracts

Samples: Indenture (Energy East Corp), Indenture (Central Power & Light Co /Tx/), Indenture (Southwestern Electric Power Co)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money in Dollars or U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money in Dollars or U.S. Government Obligations has been deposited with the Trustee; but such money in Dollars or U.S. Government Obligations need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premium, if any, premium or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 8 contracts

Samples: Indenture (Frontier Communications Parent, Inc.), Indenture (Frontier Communications Parent, Inc.), Indenture (Frontier Communications Parent, Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premiumpremium and Additional Interest, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premiumpremium or Additional Interest, if any, or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 7 contracts

Samples: Indenture (Igate Corp), Indenture (Heinz H J Co), Indenture (Epicor International Holdings, Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof8.06, all money deposited with the Trustee pursuant to Section 11.1 hereof 11.01 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and principal, premium, if any) , and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 11.01 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof11.01; provided that if the Issuers have Issuer has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent. The Issuer shall pay and indemnify the Trustee against any tax, fee or other charge imposed or assessed against the Trustee with respect to the money deposited with the Trustee pursuant to Section 11.01 hereof.

Appears in 6 contracts

Samples: Supplemental Indenture (CoreCivic, Inc.), Third Supplemental Indenture (CoreCivic, Inc.), Second Supplemental Indenture (CoreCivic, Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee or another entity designated by it for such purposes pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer or a Guarantor acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the TrusteeTrustee or another entity designated by it for such purposes; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 6 contracts

Samples: Indenture (Benefit Holding, Inc.), Indenture (Benefit Holding, Inc.), Indenture (Iqvia Holdings Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money and Government Securities (including the proceeds thereof) deposited with the Trustee pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the any Issuer or Guarantor acting as the Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ any Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof until such time as the Trustee or any Paying Agent is permitted to apply all such money or Government Securities in accordance with Section 11.01 hereof; provided that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent. The Issuers shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against Government Securities deposited pursuant to Section 11.01 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes.

Appears in 5 contracts

Samples: Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee or another entity designated by it for such purposes pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer or a Guarantor acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the TrusteeTrustee or another entity designated by it for such purposes; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Euro Government Obligations in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Euro Government Obligations held by the Trustee or Paying Agent.

Appears in 5 contracts

Samples: Indenture (Iqvia Holdings Inc.), Indenture (Iqvia Holdings Inc.), Indenture (Quintiles IMS Holdings, Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money and Government Securities (including the proceeds thereof) deposited with the Trustee pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer or Subsidiary Guarantor acting as the Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Subsidiary Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof until such time as the Trustee or any Paying Agent is permitted to apply all such money or Government Securities in accordance with Section 11.01 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 5 contracts

Samples: Indenture (Entercom Communications Corp), Indenture (Entercom Communications Corp), Indenture (CBS Radio Inc.)

Application of Trust Money. Subject to the provisions of the last paragraph of Section 8.6 hereof1003, all money or Government Securities deposited with the Trustee pursuant to Section 11.1 hereof 401 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money or Government Securities has been deposited with the Trustee; but such money or Government Securities need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 401 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s, the Co-Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof401 until such time as the Trustee or Paying Agent is permitted to apply all such money or Government Securities in accordance with Section 401; provided that if the Co-Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Co-Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 5 contracts

Samples: Indenture (Telesat Canada), Indenture (Telesat Holdings Inc.), Indenture (Telesat Canada)

Application of Trust Money. Subject to the provisions of the last paragraph of Section 8.6 hereof1003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section 403, the Trustee and any such other trustee are referred to collectively as the “Trustee”) pursuant to Section 11.1 hereof 401 or Section 402 in respect of any Outstanding Securities of any series shall be held in trust and applied by itthe Trustee, in accordance with the provisions of the Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and principal, premium, if any) , interest and interest (including Additional Amounts, if any) , for whose payment such money has or Government Obligations have been deposited with or received by the Trustee; but such money and Government Obligations need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred 404 Qualifying Trustee. Any trustee appointed pursuant to Section 11.1 hereof; provided 402 for the purpose of holding trust funds deposited pursuant to that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Section shall be subrogated appointed under an agreement in form acceptable to the rights of Trustee and shall provide to the Holders Trustee a certificate of such Notes to receive such payment from the money or U.S. Government Obligations held by trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related defeasance or Paying Agentcovenant defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.

Appears in 5 contracts

Samples: Indenture (Williams Partners L.P.), Indenture (Williams Partners L.P.), Indenture (DCP Midstream Partners, LP)

Application of Trust Money. Subject to the provisions of the last paragraph of Section 8.6 hereof1006, all money and the proceeds of any Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof 401 or 403 shall be held in trust and applied by it, in accordance with the provisions of the Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company or the Guarantor acting as Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) to the Holders of the series of Securities for whose the payment in respect of which such money has been deposited with the Trustee; but such money need not be segregated from other funds except to . The Company or the extent required by law. If Guarantor shall pay and indemnify the Trustee against any tax, fee or Paying Agent is unable to apply any money other charge imposed on or U.S. assessed against the Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred deposited pursuant to Section 11.1 hereof; provided that if 403 or the Issuers have made principal and interest received in respect thereof other than any payment of principal ofsuch tax, premium, if any, fee or interest (including Additional Amounts, if any) on, any Notes because of other charge which by law is for the reinstatement of its obligations, the Issuers shall be subrogated to the rights account of the Holders of such Notes Outstanding Securities. The obligations of the Company and the Guarantor pursuant to receive such payment this paragraph shall be joint and several. Anything in this Article to the contrary notwithstanding, the Trustee shall deliver or pay to the Company or the Guarantor from the time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 403 with respect to any Securities which, in the Trustee opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect the Discharge or Paying AgentCovenant Defeasance, as the case may be, with respect to such Securities.

Appears in 5 contracts

Samples: Indenture (Bp PLC), Indenture (Bp PLC), Indenture (Bp PLC)

Application of Trust Money. (a) Subject to the provisions of Section 8.6 hereof8.05, all money deposited with the Trustee pursuant to Section 11.1 hereof 11.01 shall be held in trust and as agent and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company or a Guarantor acting as Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and principal, premium, if any) , and interest (including Additional Amountsinterest, if any) , for whose payment such money has been deposited with the Trustee; , but such money need not be segregated from other funds except to the extent required by law. . (b) If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof 11.01 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture Indenture, the Notes and the Notes Note Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof11.01; provided that that, if the Issuers have Company has made any payment of principal ofprincipal, premium, if any, or interest (including Additional Amountsinterest, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent, as the case may be.

Appears in 4 contracts

Samples: Indenture (Concordia International Corp.), Indenture (Concordia Investment Holdings (Jersey) LTD), Indenture (Concordia International Corp.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money in Dollars or U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money in Dollars or U.S. Government Obligations has been deposited with the Trustee; but such money in Dollars or U.S. Government Obligations need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers have Company has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 4 contracts

Samples: Indenture (loanDepot, Inc.), Indenture (loanDepot, Inc.), Indenture (loanDepot, Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof8.06, all money deposited with the Trustee pursuant to Section 11.1 hereof 11.01 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or the Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 11.01 to the Holders entitled thereto by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture and with respect to the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof11.01 until such time as the Trustee or the Paying Agent is permitted to apply all such money or government security in accordance with this Indenture and the Notes to the Holders entitled thereto; provided provided, however, that if the Issuers have made Company makes any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of following the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 4 contracts

Samples: Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money in Dollars or U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money in Dollars or U.S. Government Obligations has been deposited with the Trustee; but such money in Dollars or U.S. Government Obligations need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers have Company has made any payment of principal of, premium, if any, premium or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 4 contracts

Samples: Indenture (Infrastructure & Energy Alternatives, Inc.), Indenture (TUTOR PERINI Corp), Indenture (GCP Applied Technologies Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as their own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premiumof, premium on, if any) , and interest (including and Additional AmountsInterest, on, the Notes if any) , for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations government securities in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Subsidiary Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof; provided that if the Issuers have made any payment of principal of, premiumpremium on, if any, or interest (including or Additional AmountsInterest, if any) , on, any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations government securities held by the Trustee or Paying Agent.

Appears in 3 contracts

Samples: Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties LLC)

Application of Trust Money. Subject to the provisions of the last paragraph of Section 8.6 hereof1003, all money cash and U.S. dollar-denominated Government Securities (including the proceeds thereof) deposited with the Trustee pursuant to Section 11.1 hereof 401 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) any premium and interest (including Additional Amounts, if any) for whose payment such money has cash and Government Securities (including the proceeds thereof) have been deposited with the Trustee; but such money need not be segregated from other funds except . Anything in this Article to the extent contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Securities held by it as provided in Section 401 with respect to any Notes which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required by lawto be deposited to effect the satisfaction and discharge of this Indenture. If the Trustee or Paying Agent is unable to apply any money or U.S. dollar-denominated Government Obligations Securities in accordance with Section 11.1 hereof 401 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof401; provided that if the Issuers have Company has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 3 contracts

Samples: Indenture (Bellatrix Exploration Ltd.), Indenture (Bellatrix Exploration Ltd.), Indenture (Bellatrix Exploration Ltd.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof12.6, all money cash and Governmental Obligations deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by itthe Trustee, in accordance with the provisions of the Notes series of Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company or any of its Subsidiaries acting as Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of all sums due and to become due thereon in respect of the principal of (and premium, if any) and interest (including Additional Amountsinterest, if any) , on the Securities for whose which payment of such money cash and Governmental Obligations has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money cash or U.S. Government Governmental Obligations in accordance with Section 11.1 hereof this Article XI by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, then the Issuers’ and any Guarantor’s obligations of the Company under this Indenture and the Notes Securities of such series shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereofthis Article XI until such time as the Trustee or Paying Agent is permitted to apply all such cash and Governmental Obligations in accordance with this Article XI; provided that provided, however, that, if the Issuers have Company has made any payment of principal ofprincipal, premium, if any, interest on or interest (including Additional Amounts, if any) on, principal of any Notes Securities because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders holders of such Notes Securities to receive such payment from the money or U.S. Government cash and Governmental Obligations held by the Trustee or Paying Agent.

Appears in 3 contracts

Samples: Indenture (Inspiration Media Inc), Indenture (Air Hot, Inc.), Indenture (South Texas Broadcasting Inc)

Application of Trust Money. Subject to the provisions of the last paragraph of Section 8.6 hereof1003, all money or U.S. dollar-denominated Government Securities deposited with the Trustee pursuant to Section 11.1 hereof 401 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money or U.S. dollar-denominated Government Securities has been deposited with the Trustee; but such money or U.S. dollar-denominated Government Securities need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. dollar-denominated Government Obligations Securities in accordance with Section 11.1 hereof 401 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof401 until such time as the Trustee or Paying Agent is permitted to apply all such money or U.S. dollar-denominated Government Securities in accordance with Section 401; provided that if the Issuers have Issuer has made any payment of principal of, of (and premium, if any, ) or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. dollar-denominated Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 3 contracts

Samples: Indenture (Aar Corp), Indenture (BWX Technologies, Inc.), Indenture (BWX Technologies, Inc.)

Application of Trust Money. Subject to the provisions of the last paragraph of Section 8.6 hereof1003, all money or Government Securities deposited with the Trustee pursuant to Section 11.1 hereof 401 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money or Government Securities has been deposited with the Trustee; , but such money or Government Securities need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 401 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Subsidiary Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof401 until such time as the Trustee or Paying Agent is permitted to apply all such money or Government Securities in accordance with Section 401; provided that if the Issuers have Company has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 3 contracts

Samples: Indenture (Kaiser Aluminum Corp), Indenture (Kaiser Aluminum Corp), Indenture (Kaiser Aluminum Corp)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the either Issuer acting as Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premiumpremium and Additional Interest, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities (including the proceeds thereof) in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof, until such time as the Trustee or Paying Agent is permitted to apply such money in accordance with Section 11.01 hereof; provided that if the Issuers have made any payment of principal of, premiumpremium or Additional Interest, if any, or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its their obligations, the Issuers shall be subrogated to the rights of the Holders of such the Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 3 contracts

Samples: Indenture (Sunoco LP), Indenture (Sunoco LP), Indenture (Sunoco LP)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof8.06, all money deposited with the Trustee pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as Paying Agent for itself and Company or the Co-IssuerIssuer or a Guarantor acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. The Issuers shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 11.01 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof; provided that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 3 contracts

Samples: Indenture (Vine Energy Inc.), Indenture (Vine Energy Inc.), Indenture (Vine Resources Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money and Government Securities (including the proceeds thereof) deposited with the Trustee pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer or Subsidiary Guarantor acting as the Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof until such time as the Trustee or any Paying Agent is permitted to apply all such money or Government Securities in accordance with Section 11.01 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 3 contracts

Samples: Indenture (Beasley Broadcast Group Inc), Indenture (Beasley Broadcast Group Inc), Indenture (Beasley Broadcast Group Inc)

Application of Trust Money. (a) Subject to the provisions of Section 8.6 hereof8.05, all money deposited with the Trustee pursuant to Section 11.1 hereof 12.01 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (principal, Additional Amounts and premium, if any) , and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. . (b) If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with this Section 11.1 hereof 12.02 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof12.01; provided that if the Issuers have Issuer or any Guarantor has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes or Note Guarantees because of the reinstatement of its obligations, the Issuers Issuer or any Guarantor, as applicable, shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 3 contracts

Samples: Indenture (Sappi LTD), Indenture (Sappi LTD), Indenture (Sappi LTD)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof12.6, all money cash and Governmental Obligations deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by itthe Trustee, in accordance with the provisions of the Notes series of Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers or any of their Subsidiaries acting as Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of all sums due and to become due thereon in respect of the principal of (and premium, if any) and interest (including Additional Amountsinterest, if any) , on the Securities for whose which payment of such money cash and Governmental Obligations has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money cash or U.S. Government Governmental Obligations in accordance with Section 11.1 hereof this Article XI by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, then the Issuers’ and any Guarantor’s obligations of the Issuers under this Indenture and the Notes Securities of such series shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereofthis Article XI until such time as the Trustee or Paying Agent is permitted to apply all such cash and Governmental Obligations in accordance with this Article XI; provided that provided, however, that, if the Issuers have made any payment of principal ofprincipal, premium, if any, interest on or interest (including Additional Amounts, if any) on, principal of any Notes Securities because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders holders of such Notes Securities to receive such payment from the money or U.S. Government cash and Governmental Obligations held by the Trustee or Paying Agent.

Appears in 3 contracts

Samples: Indenture (CyrusOne Foreign Holdings LLC), Indenture (CyrusOne Finance Corp.), Indenture (CyrusOne LP)

Application of Trust Money. Subject to the provisions of Section ‎Section 8.6 hereof, all money in Dollars or U.S. Government Obligations deposited with the Trustee pursuant to Section ‎Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money in Dollars or U.S. Government Obligations has been deposited with the Trustee; but such money in Dollars or U.S. Government Obligations need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section ‎Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section ‎Section 11.1 hereof; provided that if the Issuers Issuer have made any payment of principal of, premium, if any, premium or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 3 contracts

Samples: Indenture (Ryan Specialty Holdings, Inc.), Indenture (Ryan Specialty Group Holdings, Inc.), Indenture (Dun & Bradstreet Holdings, Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof8.06, all money deposited with the Trustee pursuant to Section 11.1 hereof 12.01 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or the Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 12.01 to the Holders entitled thereto by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture and with respect to the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof12.01 until such time as the Trustee or the Paying Agent is permitted to apply all such money or Government Security in accordance with this Indenture and the Notes to the Holders entitled thereto; provided provided, however, that if the Issuers have made Company makes any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of following the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 3 contracts

Samples: Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money in Dollars or U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money in Dollars or U.S. Government Obligations has been deposited with the Trustee; but such money in Dollars or U.S. Government Obligations need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof; provided that if the Issuers Issuer have made any payment of principal of, premium, if any, premium or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 3 contracts

Samples: Indenture (Knife River Holding Co), Indenture (Embecta Corp.), Indenture (Embecta Corp.)

Application of Trust Money. (a) Subject to the provisions of Section 8.6 hereof8.06, all money deposited with the Trustee pursuant to Section 11.1 hereof 11.01 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and principal, premium, if any) , and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; , but such money need not be segregated from other funds except to the extent required by law. . (b) The Company will pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or non callable Government Securities deposited pursuant to Section 11.01 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes. (c) If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 11.01 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture Indenture, the Notes and the Notes Note Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof11.01; provided that if the Issuers have Company has made any payment of principal ofprincipal, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent, as the case may be.

Appears in 3 contracts

Samples: Indenture (Permian Resources Corp), Indenture (Permian Resources Corp), Indenture (Permian Resources Corp)

Application of Trust Money. Subject to the provisions of the last paragraph of Section 8.6 hereof1003, all money or Government Securities deposited with the Trustee pursuant to Section 11.1 hereof 401 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money or Government Securities has been deposited with the Trustee; but such money or Government Securities need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 401 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof401 until such time as the Trustee or Paying Agent is permitted to apply all such money or Government Securities in accordance with Section 401; provided that if the Issuers have Company has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 3 contracts

Samples: Indenture (NMI Holdings, Inc.), Indenture (Sealy Corp), Indenture (Forida East Coast Railway L.L.C.)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and principal, premium, if any) and interest (including Additional Amounts, interest, if any) , for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. The Company will pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 11.01 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof; provided that if the Issuers have Company has made any payment of principal of, premium, if any, or interest (including Additional Amountson, and interest, if any) , on, any Notes because of the reinstatement of its their obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent. Notwithstanding the above, the Trustee shall pay to the Company from time to time upon its request any money or Government Securities held by the Trustee as provided in this Section 11.02 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification delivered to the Trustee, are in excess of the amount thereof that would then be required to be deposited to effect satisfaction and discharge under this Article 11. Subject to any applicable escheat, or abandoned or unclaimed property law, any money or Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease.

Appears in 3 contracts

Samples: Indenture (Civitas Resources, Inc.), Indenture (Civitas Resources, Inc.), Indenture (Civitas Resources, Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money in Dollars or U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money in Dollars or U.S. Government Obligations has been deposited with the Trustee; but such money in Dollars or U.S. Government Obligations need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers Issuer have made any payment of principal of, premium, if any, premium or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 3 contracts

Samples: Indenture (MICROSTRATEGY Inc), Indenture (CPI Card Group Inc.), Indenture (Macy's, Inc.)

Application of Trust Money. (a) Subject to the provisions of Section 8.6 hereof8.05, all money deposited with the Trustee pursuant to Section 11.1 hereof 12.01 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (principal, Additional Amounts and premium, if any) , and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. . (b) If the Trustee or Paying Agent is unable to apply any money money, U.S. Government Securities or U.S. European Government Obligations in accordance with this Section 11.1 hereof 12.02 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof12.01; provided that if the Issuers have Issuer or any Guarantor has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes or Note Guarantees because of the reinstatement of its obligations, the Issuers Issuer or any Guarantor, as applicable, shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money money, U.S. Government Securities or U.S. European Government Obligations held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Sappi LTD), Indenture (Sappi LTD)

Application of Trust Money. (a) Subject to the provisions of the last paragraph of Section 8.6 hereof1003, all money cash and U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof 401, 403 or 1008 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Section 401, 403 or 1008, shall be held in trust and applied by it, in accordance with the provisions of the Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 403 or 1008. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Section 401, 403 or 1008 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 401, 403 or 1008 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee; but , are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such money need not be segregated from other funds except to the extent required by law. or U.S. Government Obligations were deposited or received. (d) If the Trustee for any series or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding 401, 403 or 1008, as the case may be, by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, then the Issuers’ and any Guarantor’s Company's obligations under this Indenture and the Notes series of Securities shall be revived and reinstated with respect to such series, with present and prospective effect, as though no deposit had occurred pursuant to Section 11.1 hereof401, 403 or 1008, as the case may be, until such time as the Trustee or Paying Agent is permitted to apply all such cash or U.S. Government Obligations in accordance with Section 401, 403 or 1008, as the case may be; provided provided, however, that if the Issuers have made Company makes any payment to the Trustee or Paying Agent of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of Security following the reinstatement of its obligations, the Issuers Trustee or Paying Agent shall promptly pay any such amount to the Holders of the Securities and the Company shall be subrogated to the rights of the Holders of such Notes series of Securities to receive such payment from the money or cash and U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Oakwood Homes Corp), Indenture (Oakwood Homes Corp)

Application of Trust Money. (a) Subject to the provisions of Section 8.6 hereof8.06, all money deposited with the Trustee pursuant to Section 11.1 hereof 11.01 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers or any Restricted Subsidiary acting as Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and principal, premium, if any) , and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; , but such money need not be segregated from other funds except to the extent required by law. . (b) If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 11.01 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture Indenture, the Notes and the Notes Note Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof11.01 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 11.02(a); provided that if the Issuers have made any payment of principal ofprincipal, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of following the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money cash held in U.S. dollars or U.S. dollar-denominated Government Obligations Securities held by the Trustee or Paying Agent, as the case may be. (c) The Issuers shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 11.01 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders.

Appears in 2 contracts

Samples: Indenture (Alliance Resource Partners Lp), Indenture (Alliance Holdings GP, L.P.)

Application of Trust Money. Subject (a) Neither the Trustee nor any other Paying Agent shall be required to pay interest on any moneys deposited pursuant to the provisions of this Indenture, except such as it shall agree with the Issuer in writing to pay thereon. (b) Subject to Section 8.6 hereof6.03(e), all money any monies and U.S. Government Obligations which at any time shall be deposited by the Issuer or on its behalf with the Trustee pursuant to Section 11.1 hereof or any other Paying Agent for the purpose of paying the principal of, premium, if any, and interest on any of the Securities shall be held and are hereby assigned, transferred and set over to the Trustee or such other Paying Agent in trust for the respective Holders of the Securities for the purpose for which such moneys shall have been deposited, and such funds shall be applied by it, the Trustee or Paying Agent in accordance with the provisions of the Notes such Securities and this Indenture, Indenture to the payment, either directly or through any Paying Agent (including the Issuer acting as Paying Agent for itself payment of all sums due and the Co-Issuer) as the Trustee may determine, to the Persons entitled thereto, become due on such Securities in respect of the principal (and premium, if any) , and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trusteeinterest; but such money moneys need not be segregated from other funds except to the extent required by law. If Anything in this Indenture to the Trustee contrary notwithstanding, none of the Issuer, the Guarantor or any of their respective Subsidiaries or Affiliates may act as Paying Agent is unable to apply for any Securities in respect of which money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred have been deposited pursuant to Section 11.1 hereof; provided that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agentthis Article XII.

Appears in 2 contracts

Samples: Indenture (Healthpeak OP, LLC), Supplemental Indenture (Healthpeak Properties, Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) ), interest and interest (including any Additional Amounts, if any) Amounts for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, or any Additional Amounts payable in respect of any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Essar Steel Canada Inc.), Indenture (Essar Steel Algoma Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 ‎‎Section 8.06 hereof, all money and Government Securities (including the proceeds thereof) deposited with the Trustee pursuant to Section 11.1 ‎‎Section 12.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the any Issuer or Guarantor acting as the Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 ‎‎Section 12.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ any Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 ‎‎Section 12.01 hereof until such time as the Trustee or any Paying Agent is permitted to apply all such money or Government Securities in accordance with ‎‎Section 12.01 hereof; provided that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent. The Issuers shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against Government Securities deposited pursuant to ‎‎Section 12.01 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes.

Appears in 2 contracts

Samples: Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money deposited with the Trustee Trustees or the Paying Agent pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee Trustees may determine, to the Persons entitled thereto, of the principal (and premium) and interest and Additional Interest, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the TrusteeTrustees or the Paying Agent; but such money need not be segregated from other funds except to the extent required by law. If the Trustee Trustees or the Paying Agent is are unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premiumpremium or interest or Additional Interest, if any, or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee Trustees or the Paying Agent.

Appears in 2 contracts

Samples: Indenture (Primo Water Corp /CN/), Indenture (Cott Corp /Cn/)

Application of Trust Money. (a) Subject to the provisions of the last paragraph of Section 8.6 hereof1003, all money or U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof Sections 401 or 403 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 401 or 403, shall be held in trust and applied by it, in accordance with the provisions of the Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as Paying Agent for itself and the Co-Issuer) as the Trustee may determine, to the Persons entitled thereto, of the principal of (and premium, if any) and interest (including Additional Amountsinterest, if any) , on the Securities for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required or received by law. If the Trustee or Paying Agent is unable to apply make payments as provided by Sections 401 or 403. (b) The Company shall pay and shall indemnify the Trustee against any money tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 401 or 403 or the interest and principal received in accordance with Section 11.1 hereof respect of such obligations other than any payable by reason or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon Company Request any U.S. Government Obligations or money held by it as provided in Sections 401 or 403 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or money was deposited or received. This provision shall not authorize the sale by the Trustee of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held under this Indenture. (d) Any monies paid by the Company to the Trustee or any Paying Agent, or held by the Company in trust, for the payment of the principal, premium of or any interest or Additional Amounts on any Securities and remaining unclaimed at the end of two years after such principal, interest or Additional Amounts or Additional Sums become due and payable will be repaid to the Company, or released from the trust, upon its written request, and upon such repayment or release all liability of the Company, the Trustee and such Paying Agent with respect thereto will cease.

Appears in 2 contracts

Samples: Subordinated Debenture Indenture (PPL Electric Utilities Corp), Subordinated Debenture Indenture (Southern Investments Uk Capital Trust I)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money or U.S. Government Securities deposited with the Trustee pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer or a Subsidiary Guarantor acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money or U.S. Government Securities has been deposited with the Trustee; but such money or U.S. Government Securities need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Finance of America Companies Inc.), Indenture (Finance of America Companies Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money in Dollars or U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money in Dollars or U.S. Government Obligations has been deposited with the Trustee; but such money in Dollars or U.S. Government Obligations need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers have Company has made any payment of principal of, premium, if any, premium or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (GCP Applied Technologies Inc.), Indenture (Versum Materials, Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof8.07, all money deposited with the Trustee (or such entity designated (or appointed as Agent of the Trustee) by the Trustee for this purpose) pursuant to Section 11.1 12.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as their own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premiumof, premium on, if any) , interest and interest (including Additional Amounts, if any) , for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or any Paying Agent (or such entity designated (or appointed as agent of the Trustee) by the Trustee for this purpose) is unable to apply any money Euro or U.S. European Government Obligations Obligations, or a combination thereof or in accordance with Section 11.1 hereof 12.01 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof12.01; provided that if the Issuers have made any payment of principal of, premiumpremium on, if any, or interest (including and Additional Amounts, if any) , on, any the Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money Euro or U.S. European Government Obligations Obligations, or a combination thereof, held by the Trustee or such Paying Agent.

Appears in 2 contracts

Samples: Senior Secured Indenture (Ardagh Metal Packaging S.A.), Senior Indenture (Ardagh Metal Packaging S.A.)

Application of Trust Money. Subject (a) Neither the Trustee nor any other Paying Agent shall be required to pay interest on any moneys deposited pursuant to the provisions of this Indenture, except such as it shall agree with the Issuer in writing to pay thereon. (b) Subject to Section 8.6 hereof6.03(e), all money any monies and U.S. Government Obligations which at any time shall be deposited by the Issuer or on its behalf with the Trustee pursuant to Section 11.1 hereof or any other Paying Agent for the purpose of paying the principal of, premium, if any, and interest on any of the Securities shall be held and are hereby assigned, transferred and set over to the Trustee or such other Paying Agent in trust for the respective Holders of the Securities for the purpose for which such moneys shall have been deposited, and such funds shall be applied by it, the Trustee or Paying Agent in accordance with the provisions of the Notes such Securities and this Indenture, Indenture to the payment, either directly or through any Paying Agent (including the Issuer acting as Paying Agent for itself payment of all sums due and the Co-Issuer) as the Trustee may determine, to the Persons entitled thereto, become due on such Securities in respect of the principal (and premium, if any) , and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trusteeinterest; but such money moneys need not be segregated from other funds except to the extent required by law. If Anything in this Indenture to the Trustee or contrary notwithstanding, neither the Parent Guarantor nor any of its Subsidiaries (including the Issuer) nor any of their respective Affiliates may act as Paying Agent is unable to apply for any Securities in respect of which money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred have been deposited pursuant to Section 11.1 hereof; provided that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agentthis Article XII.

Appears in 2 contracts

Samples: Indenture (Pfizer Inc), Indenture (Pfizer Investment Enterprises PTE LTD)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money and Government Securities (including the proceeds thereof) deposited with the Trustee pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers or a Guarantor acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. The Issuers shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 11.01 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof; provided that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Kraton Corp), Indenture (Kraton Corp)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee pursuant to Section 11.1 13.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 13.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the IssuersIssuer’s, Holdings’, Intermediate Holdings’ and any Note Guarantor’s obligations under this Indenture Indenture, the Notes, the Collateral Documents and the Notes Intercreditor Agreement, as applicable, shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 13.01 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent. The Issuers shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.01 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of outstanding Notes.

Appears in 2 contracts

Samples: Indenture (Anywhere Real Estate Group LLC), Indenture (Realogy Holdings Corp.)

Application of Trust Money. Subject to the provisions of Section 8.6 ‎Section 8.06 hereof, all money and Government Securities (including the proceeds thereof) deposited with the Trustee pursuant to Section 11.1 ‎Section 12.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the any Issuer or Guarantor acting as the Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 ‎Section 12.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ any Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 ‎Section 12.01 hereof until such time as the Trustee or any Paying Agent is permitted to apply all such money or Government Securities in accordance with ‎Section 12.01 hereof; provided that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent. The Issuers shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against Government Securities deposited pursuant to ‎Section 12.01 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes.

Appears in 2 contracts

Samples: Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof8.06, all money or Government Securities deposited with the Trustee or Paying Agent (or such other entity directed, designated or appointed by the Company and reasonably acceptable to the Trustee, acting for the Trustee or Paying Agent for this purpose in accordance with this Article 14) pursuant to Section 11.1 hereof 14.01 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as acceptable to the Trustee may determineTrustee, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent (or such other entity directed, designated or appointed by the Company and reasonably acceptable to the Trustee, acting for the Trustee or Paying Agent for this purpose in accordance with this Article 14) is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 14.01 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof14.01; provided that if the Issuers have Company has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its their obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying AgentAgent (or such other entity).

Appears in 2 contracts

Samples: Indenture (Cogent Communications Holdings, Inc.), Indenture (Cogent Communications Holdings, Inc.)

Application of Trust Money. Subject to the provisions of the last paragraph of Section 8.6 hereof1003, all money or Government Securities deposited with the Trustee pursuant to Section 11.1 hereof 401 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money or Government Securities has been deposited with the Trustee; , but such money or Government Securities need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 401 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof401 until such time as the Trustee or Paying Agent is permitted to apply all such money or Government Securities in accordance with Section 401; provided that if the Issuers have Company has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Aleris Corp), Indenture (Aleris Corp)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof8.6, all money in U.S. dollars or U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money in U.S. dollars or U.S. Government Obligations has been deposited with the Trustee; but such money in U.S. dollars or U.S. Government Obligations need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof11.1; provided that if the Issuers have Company has made any payment of principal of, premium, if any, premium or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof8.06, all money deposited with the Trustee pursuant to Section 11.1 hereof 11.01 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law; provided that, if there is a tender offer by the Issuer for outstanding Notes that is in progress at the time of such deposit, such money deposited with the Trustee pursuant to Section 11.01 may be applied to pay any cash consideration for any Notes validly tendered into such tender offer and not validly withdrawn so long as prior to any such application the Issuer delivers an Officers’ Certificate to the Trustee certifying that after giving effect to such application, the amount remaining on deposit with the Trustee will be sufficient, without consideration of any reinvestment of interest, to pay and discharge the entire Indebtedness on the Notes (excluding Notes delivered to the Trustee for cancellation and Notes to be repurchased in such tender offer) for principal, premium, if any, and accrued interest to the date of maturity or redemption, as the case may be. If To the extent that and so long as the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 11.01 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof11.01; provided provided, however, that if the Issuers have Issuer has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of following the reinstatement of its their obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Pitney Bowes Inc /De/), Indenture (Pitney Bowes Inc /De/)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money deposited with the Trustee Trustees or the Paying Agent pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee Trustees may determine, to the Persons entitled thereto, of the principal (and premium) and interest and Additional Interest, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the TrusteeTrustees or the Paying Agent; but such money need not be segregated from other funds except to the extent required by law. If the Trustee Trustees or the Paying Agent is are unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premiumpremium or interest or Additional Interest, if any, or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee Trustees or the Paying Agent.

Appears in 2 contracts

Samples: Indenture (Primo Water Corp /CN/), Indenture (Cott Corp /Cn/)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money deposited with the Trustee or the Paying Agent pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium) and interest and Additional Interest, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the TrusteeTrustee or the Paying Agent; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or the Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premiumpremium or interest or Additional Interest, if any, or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or the Paying Agent.

Appears in 2 contracts

Samples: Indenture (Cott Corp /Cn/), Indenture (Cott Corp /Cn/)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee pursuant to Section 11.1 12.01 hereof shall will be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premiumof, premium on, if any) , interest and interest (including Additional Amounts, if any) , for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 12.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall will be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 12.01 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premiumpremium on, if any, or interest (including and Additional Amounts, if any) , on, any the Notes because of the reinstatement of its obligations, the Issuers shall Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Nord Anglia Education, Inc.), Indenture (Nord Anglia Education, Inc.)

Application of Trust Money. Subject to the provisions of the last paragraph of Section 8.6 hereof1003, all money or Government Securities deposited with the Trustee pursuant to Section 11.1 hereof 401 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as their own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money or Government Securities has been deposited with the Trustee; but such money or Government Securities need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 401 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Subsidiary Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof401 until such time as the Trustee or Paying Agent is permitted to apply all such money or Government Securities in accordance with Section 401; provided that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its their obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Clearwire Corp /DE), Indenture (Clearwire Corp /DE)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee Principal Paying Agent pursuant to Section 11.1 12.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee Principal Paying Agent may determine, to the Persons entitled thereto, of the principal (and premiumof, premium on, if any) , interest and interest (including Additional Amounts, if any) , for whose payment such money has been deposited with the TrusteePrincipal Paying Agent; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Principal Paying Agent is unable to apply any money or U.S. European Government Obligations in accordance with Section 11.1 12.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 12.01 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premiumpremium on, if any, or interest (including and Additional Amounts, if any) , on, any the Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. European Government Obligations held by the Trustee or Principal Paying Agent.

Appears in 2 contracts

Samples: Indenture (Allwyn Entertainment AG), Indenture (Allwyn Entertainment AG)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money in Dollars or U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the any Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money in Dollars or U.S. Government Obligations has been deposited with the Trustee; but such money in Dollars or U.S. Government Obligations need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers have made any payment of principal of, premium, if any, premium or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Pactiv Evergreen Inc.), Indenture (Pactiv Evergreen Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof8.06, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof 11.01 shall be held in trust and applied by it, in accordance with the provisions of the Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as their own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled theretothereto as set forth in the Registrar, of the principal (principal, premium and premium, if any) and interest (including Additional Amounts, if any) , and interest for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof 11.01 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ any Issuer’s and any Guarantor’s obligations under this Indenture and the Notes such series of Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof11.01; provided that if the Issuers have made any payment of principal of, premium, if any, premium or interest (including Additional Amounts, if any) on, on any Notes Securities of such series because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes Securities to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Base Indenture (Dell Technologies Inc.), Base Indenture (Dell International L.L.C.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof12.7, all money cash and Governmental Obligations deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by itthe Trustee, in accordance with the provisions of the Notes series of Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company or any of its Subsidiaries acting as Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of all sums due and to become due thereon in respect of the principal of (and premium, if any) and interest (including Additional Amountsinterest, if any) , on the Securities for whose which payment of such money cash and Governmental Obligations has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money cash or U.S. Government Governmental Obligations in accordance with Section 11.1 hereof this Article XI by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, then the Issuers’ and any Guarantor’s obligations of the Company under this Indenture and the Notes Securities of such series shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereofthis Article XI until such time as the Trustee or Paying Agent is permitted to apply all such cash and Governmental Obligations in accordance with this Article XI; provided that provided, however, that, if the Issuers have Company has made any payment of principal ofprincipal, premium, if any, interest on or interest (including Additional Amounts, if any) on, principal of any Notes Securities because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders holders of such Notes Securities to receive such payment from the money or U.S. Government cash and Governmental Obligations held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Conexant Systems Inc), Indenture (Conexant Systems Inc)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and any premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company's and any Subsidiary Guarantor’s 's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof; provided that (a) if the Issuers have Company has made any payment of principal of, premium, if any, or any premium or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying AgentAgent and (b) the Trustee or Paying Agent shall return all such money and Government Securities to the Company promptly after receiving a request therefor at any time, if such reinstatement of the Company's obligations has occurred and continues to be in effect.

Appears in 2 contracts

Samples: Indenture (Medco Health Solutions Inc), Indenture (Medco Health Solutions Inc)

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Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money money, U.S. Government Securities and euro-denominated Government Securities deposited with the Trustee pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer or a Guarantor acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money money, U.S. Government Securities and euro-denominated Government Securities has been deposited with the Trustee; but such money money, U.S. Government Securities and euro-denominated Government Securities need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof; provided that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Clarios International Inc.), Indenture (Clarios International Inc.)

Application of Trust Money. Subject to the provisions of the last paragraph of Section 8.6 hereof1003, all money or Government Securities deposited with the Trustee pursuant to Section 11.1 hereof 401 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money or Government Securities has been deposited with the Trustee; but such money or Government Securities need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 401 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s, the Co-Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof401 until such time as the Trustee or Paying Agent is permitted to apply all such money or Government Securities in accordance with Section 401; provided that if the Co-Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Co-Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.. ARTICLE FIVE REMEDIES

Appears in 2 contracts

Samples: Indenture (Telesat Canada), Indenture (Telesat Canada)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee pursuant to Section 11.1 13.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 13.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the IssuersIssuer’s, Holdings’ and any Note Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 13.01 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent. The Issuers shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.01 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes.

Appears in 2 contracts

Samples: Indenture (Realogy Group LLC), Indenture (Realogy Group LLC)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the 2017 A Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premiumpremium and Special Interest, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the 2017 A Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premiumpremium and Special Interest, if any, or interest (including Additional Amounts, if any) on, on any 2017 A Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such 2017 A Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Clear Channel Communications Inc), Indenture (Clear Channel Outdoor Holdings, Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee pursuant to Section 11.1 10.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes Securities with respect to which such deposit was made and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuer, the Guarantor or any of the Subsidiaries of either Obligor acting as the Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 10.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the IssuersObligorsand any Guarantor’s obligations under this Indenture and the Notes applicable Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 10.01 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes such Securities of any Series because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes Securities to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Equinix Europe 2 Financing Corp LLC)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money in Dollars or U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money in Dollars or U.S. Government Obligations has been deposited with the Trustee; but such money in Dollars or U.S. Government Obligations need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any the Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers Issuer have made any payment of principal of, premium, if any, premium or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Macy's, Inc.)

Application of Trust Money. The Trustee shall hold in trust money or U.S. Government Obligations deposited with it pursuant to this Article 8. It shall apply the deposited money and the money from U.S. Government Obligations either directly or through the Paying Agent (including the Issuer acting as its own Paying Agent as the Trustee may determine) and in accordance with this Indenture to the payment of principal of and interest on the Notes. Subject to the provisions of Section 8.6 8.05 hereof, all money or U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof this Article 8 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and principal, premium, if any) , and interest (including Additional Amountsand Special Interest, if any) , for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 this Article 8 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereofthis Article 8; provided that if the Issuers have Issuer has made any payment of principal of, premiumpremium on, if any, or interest (including Additional Amountsor Special Interest, if any) , on, any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Koppers Holdings Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money and Government Securities (including the proceeds thereof) deposited with the Trustee pursuant to Section 11.1 12.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the any Issuer or Guarantor acting as the Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 12.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ any Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 12.01 hereof until such time as the Trustee or any Paying Agent is permitted to apply all such money or Government Securities in accordance with Section 12.01 hereof; provided that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent. The Issuers shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against Government Securities deposited pursuant to Section 12.01 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes.

Appears in 1 contract

Samples: Indenture (Communications Sales & Leasing, Inc.)

Application of Trust Money. (a) Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and principal, premium, if any) , and interest (including Additional Amountsinterest, if any) , for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. . (b) The Company will pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 11.01 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes. (c) If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof; provided that if the Issuers have Company has made any payment of principal of, premiumpremium on, if any, or interest (including Additional Amountsinterest, if any) , on, any Notes because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (CVR Energy Inc)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by itthe Trustee, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amountsinterest, if any) , for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. The Issuer will pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 11.01 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes, If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premium, if any, on, or interest (including Additional Amountsinterest, if any) , on, any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Jagged Peak Energy Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as Paying Agent for itself and or the Co-IssuerIssuer acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Foundation Building Materials, Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money or U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money or U.S. Government Obligations has been deposited with the Trustee; but such money or U.S. Government Obligations need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premium, if any, premium or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (21st Century Oncology Holdings, Inc.)

Application of Trust Money. (a) Subject to the provisions of Section 8.6 hereof8.06, all money deposited with the Trustee pursuant to Section 11.1 hereof 11.01 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this IndentureIndenture or applicable supplemental indenture, to the payment, either directly or through any Paying Agent (including the Issuer Partnership acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and principal, premium, if any) , and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; , but such money need not be segregated from other funds except to the extent required by law. . (b) If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 11.01 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Partnership’s and any Subsidiary Guarantor’s obligations under this Indenture Indenture, the Notes and the Notes Note Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof11.01; provided that if the Issuers have Partnership has made any payment of principal ofprincipal, premium, if any, or interest (including Additional Amounts, if any) on, on any such Notes because of the reinstatement of its obligations, the Issuers Partnership shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent, as the case may be. (c) The Partnership will pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 11.01 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders.

Appears in 1 contract

Samples: Senior Notes Indenture (Equitrans Midstream Corp)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (principal, interest and premium, if any) , and interest (including Additional Amountsthe Special Redemption Fee, if any) applicable, for whose payment such money has been deposited with the TrusteeTrustee (provided that, if there is a tender offer by the Company for outstanding Notes that is in progress at the time of such deposit, such money deposited with the Trustee pursuant to Section 11.01 hereof may be applied to pay any cash consideration for any Notes validly tendered into such tender offer and not validly withdrawn); but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof; provided that if the Issuers have Company has made any payment of principal of, of or interest or premium, if any, or interest (including Additional Amountsthe Special Redemption Fee, if any) onapplicable, on any Notes because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Castle a M & Co)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as Paying Agent for itself and the Co-Issuer) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.of

Appears in 1 contract

Samples: Indenture (Restaurant Brands International Limited Partnership)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all All money or Government Securities deposited with the Trustee or Paying Agent (or such other entity directed, designated or appointed by the Company and reasonably acceptable to the Trustee, acting for the Trustee or Paying Agent for this purpose in accordance with this Article 11) pursuant to Section 11.1 hereof 11.01 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as acceptable to the Trustee may determineTrustee, to the Persons entitled thereto, of the principal (and principal, premium, if any) , and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the TrusteeTrustee or Paying Agent (or such other entity); but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent (or such other entity directed, designated or appointed by the Company and reasonably acceptable to the Trustee, acting for the Trustee or Paying Agent for this purpose in accordance with this Article 11) is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 11.01 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any GuarantorCompany’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof11.01; provided that if the Issuers have Company has made any payment of principal of, premium, if any, of or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its their obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying AgentAgent (or such other entity).

Appears in 1 contract

Samples: Indenture (Cogent Communications Holdings, Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof8.6, all money in Dollars or U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money in Dollars or U.S. Government Obligations has been deposited with the Trustee; but such money in Dollars or U.S. Government Obligations need not be segregated from other funds except to the extent required by lawLaw. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof11.1; provided that if the Issuers have made any payment of principal of, premium, if any, premium or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Savers Value Village, Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof8.06, all money deposited with the Trustee pursuant to Section 11.1 hereof 12.01 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by lawLaw. If the Trustee or Paying Agent is unable to apply any money U.S. dollars or non-callable U.S. Government Obligations in the case of the Dollar Notes, and sterling or non-callable UK Government Obligations, in the case of the Sterling Notes, in accordance with Section 11.1 hereof 12.01 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any GuarantorIssuer’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof12.01; provided that if the Issuers have Issuer has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money U.S. dollars or non-callable U.S. Government Obligations in the case of the Dollar Notes, and sterling or non-callable UK Government Obligations, in the case of the Sterling Notes, held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Liberty Global PLC)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof8.07, all money deposited with the Trustee (or such other entity designated by the Trustee for this purpose) pursuant to Section 11.1 12.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premiumof, premium on, if any) , interest and interest (including Additional Amounts, if any) , for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money pounds sterling or U.S. UK Government Obligations denominated in pounds sterling or a combination thereof, or in accordance with Section 11.1 hereof 12.01 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof12.01; provided that if the Issuers have Issuer has made any payment of principal of, premiumpremium on, if any, or interest (including and Additional Amounts, if any) , on, any the Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money pounds sterling or U.S. UK Government Obligations denominated in pounds sterling or a combination thereof held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Inspired Entertainment, Inc.)

Application of Trust Money. Subject to the provisions of the last agraph of Section 8.6 hereof1003, all money or Government Securities deposited with the Trustee pursuant to Section 11.1 hereof 401 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money or Government Securities has been deposited with the Trustee; but such money or Government Securities need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 401 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof401 until such time as the Trustee or Paying Agent is permitted to apply all such money or Government Securities in accordance with Section 401; provided that if the Issuers have Issuer has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Liberty Global PLC)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money in Dollars or U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money in Dollars or U.S. Government Obligations has been deposited with the Trustee; Trustee; but such money in Dollars or U.S. Government Obligations need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; hereof; provided that if the Issuers Issuer have made any payment of principal of, premium, if any, premium or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Skillz Inc.)

Application of Trust Money. (a) Subject to the provisions of the last paragraph of Section 8.6 hereof1003, all money cash and U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof 401, 403 or 1008 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Section 401, 403 or 1008, shall be held in trust and applied by it, in accordance with the provisions of the Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with or received by the Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 403 or 1008. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Section 401, 403 or 1008 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 401, 403 or 1008 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee; but , are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such money need not be segregated from other funds except to the extent required by law. or U.S. Government Obligations were deposited or received. (d) If the Trustee for any series or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding 401, 403 or 1008, as the case may be, by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, then the Issuers’ and any Guarantor’s Company's obligations under this Indenture and the Notes series of Securities shall be revived and reinstated with respect to such series, with present and prospective effect, as though no deposit had occurred pursuant to Section 11.1 hereof401, 403 or 1008, as the case may be, until such time as the Trustee or Paying Agent is permitted to apply all such cash or U.S. Government Obligations in accordance with Section 401, 403 or 1008, as the case may be; provided PROVIDED, HOWEVER, that if the Issuers have made Company makes any payment to the Trustee or Paying Agent of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of Security following the reinstatement of its obligations, the Issuers Trustee or Paying Agent shall promptly pay any such amount to the Holders of the Securities and the Company shall be subrogated to the rights of the Holders of such Notes series of Securities to receive such payment from the money or cash and U.S. Government Obligations held by the Trustee or Paying Agent.. Section 403. Defeasance and Discharge of Securities of Any Series. If this Section 403 is established, as contemplated by Section 301, to be applicable to Securities of any series, then notwithstanding Section 401, (a) the Company shall be deemed to have paid and discharged the entire indebtedness on all the Outstanding Securities of that series, (b) the provisions of this Indenture as it relates to such Outstanding Securities (except as to the rights of Holders of Securities to receive, from the trust funds described in subparagraph (1) below, payment of the principal of (and premium, if any) and any installment of principal of (and premium, if any) or interest on such Securities on each Stated Maturity of such principal or installment of principal or interest or any mandatory sinking fund payments or analogous payments applicable to the Securities of that series on the day on which such payments are due and payable in accordance with the terms of the Indenture and of such Securities, the Company's obligations with respect to such Securities under Sections 304, 305, 306, 403, 1002 and 1003 and the rights, powers, trusts, duties and immunities of the Trustee hereunder) shall no longer be in effect, and (c) the Trustee, at the expense of the Company, shall upon Company Request, execute proper instruments acknowledging the same, PROVIDED that the following conditions shall have been satisfied: (1) the Company shall have deposited or caused to be deposited with the Trustee (or another trustee satisfying the requirements of Section 609), irrevocably (irrespective of whether the conditions in subparagraphs (2), (3), (4) and (5) below have been satisfied, but subject to the provisions of Section 402(c) and the last paragraph of Section 1003), as trust funds in trust, specifically pledged as security for, and dedicated solely to, the benefit of the Holders of the Securities of that series, with reference to this Section 403, cash or U.S. Government Obligations, or a combination thereof, which through the payment of interest and principal in respect thereof in accordance with their terms will provide not later than the opening of business on the due date of any payment referred to in clause (i) or (ii) of this subparagraph (1) money in an amount sufficient, without consideration of any reinvestment of such principal and interest, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, to pay and discharge (i) the principal of (and premium, if any) and each installment of principal (and premium, if any) and interest on such Outstanding Securities of that series on each applicable Stated Maturity of such principal or installment of principal or interest and (ii) any mandatory sinking fund payments or analogous payments applicable to Securities of such series on the day on which such payments are due and payable in accordance with the terms of this Indenture and of such Securities; (2) such deposit will not result in a breach or violation of, or constitute a default under, this Indenture or any other material agreement or instrument to which the Company is a party or by which it is bound; (3) no Event of Default or event which with the giving of notice or lapse of time, or both, would become an Event of Default with respect to the Securities of that series shall have occurred and be continuing on the date of such deposit and no Event of Default under Section 501(5) or Section 501(6) or event which with the giving of notice or lapse of time or both, would become an Event of Default under Section 501(5) or Section 501(6) shall have occurred and be continuing on the 91st day after such date; (4) the Company has delivered to the Trustee an independent Opinion of Counsel to the effect that (A) the Company has received from, or there has been published by, the Internal Revenue Service a ruling or (B) since the date first set forth hereinabove, there has been a change in the applicable United States federal income tax law or the judicial interpretation thereof, in either case (A) or (B) to the effect that, and based thereon such opinion shall confirm that, Holders of the Securities of that series will not recognize income, gain or loss for federal income tax purposes as a result of such deposit, defeasance and discharge and will be subject to United States federal income tax on the same amount and in the same manner and at the same times, as would have been the case if such deposit, defeasance and discharge had not occurred; (5) such defeasance or covenant defeasance shall not result in the trust arising from such deposit constituting an investment company within the meaning of the Investment Company Act of 1940, as amended, unless such trust shall be registered under such Act or exempt from registration thereunder; (6) the Company shall have delivered to the Trustee an Opinion of Independent Counsel in the United States to the effect that after the 91st day following the deposit, the trust funds will not be subject to the effect of any applicable bankruptcy, insolvency, reorganization or similar laws affecting creditors' rights generally; and (7) the Company has delivered to the Trustee an Officers' Certificate and an Opinion of Counsel, each stating that all conditions precedent provided for relating to the defeasance and discharge of the entire indebtedness on all Outstanding Securities of any such series as contemplated by this Section have been complied with. Notwithstanding any other provisions of this Section, such defeasance shall be effected in compliance with any additional or substitute terms, conditions or limitations which may be established as contemplated by Section 301 in respect of the Securities of that series. Opinions required to be delivered under this Section may have qualifications customary for opinions of the type required. ARTICLE FIVE

Appears in 1 contract

Samples: Indenture (Oakwood Homes Corp)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof8.06, all money or Government Securities deposited with the Trustee or Paying Agent (or such other entity directed, designated or appointed by the Company and reasonably acceptable to the Trustee, acting for the Trustee or Paying Agent for this purpose in accordance with this Article 11) pursuant to Section 11.1 hereof 11.01 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as acceptable to the Trustee may determineTrustee, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the TrusteeTrustee or Paying Agent (or such other entity); but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent (or such other entity directed, designated or appointed by the Company and reasonably acceptable to the Trustee, acting for the Trustee or Paying Agent for this purpose in accordance with this Article 11) is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 11.01 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof11.01; provided that if the Issuers have Company has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its their obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying AgentAgent (or such other entity).

Appears in 1 contract

Samples: Indenture (Cogent Communications Holdings, Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee (or such other entity directed, designated and appointed by the Trustee or co-Trustee for this purpose) pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any the Trustee or such other entity directed, designated and appointed by the Trustee or co-Trustee for this purpose) or the Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and principal, premium, if any) , interest and interest (including Additional AmountsSpecial Interest, if any) , for whose payment such money has been deposited with the TrusteeTrustee (or such other entity directed, designated and appointed by the Trustee or co-Trustee for this purpose); but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations European government obligations in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof; provided that if the Issuers have Company has made any payment of principal of, premiumpremium on, if any, interest or interest (including Additional AmountsSpecial Interest, if any) , on, any Notes because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations European government obligations held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Huntsman International LLC)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all All money deposited with the Trustee pursuant to Section 11.1 10.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes Securities with respect to which such deposit was made and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. The Company will pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations deposited pursuant to Section 10.1 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Securities of the applicable Series. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 10.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any GuarantorCompany’s obligations under this Indenture and the Notes applicable Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 10.1 hereof; provided that if the Issuers have Company has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, any Notes Securities because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Notes Securities to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Arena Group Holdings, Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof‎Section 8.6, all money in U.S. dollars or U.S. Government Obligations deposited with the Trustee pursuant to Section ‎Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money in U.S. dollars or U.S. Government Obligations has been deposited with the Trustee; but such money in U.S. dollars or U.S. Government Obligations need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section ‎Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof‎Section 11.1; provided that if the Issuers Issuer have made any payment of principal of, premium, if any, premium or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent. [Reserved.]

Appears in 1 contract

Samples: Indenture (Option Care Health, Inc.)

Application of Trust Money. (a) Subject to the provisions of the last paragraph of Section 8.6 hereof1003, all money or U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof Sections 401 or 403 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 401 or 403, shall be held in trust and applied by it, in accordance with the provisions of the Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as Paying Agent for itself and the Co-Issuer) as the Trustee may determine, to the Persons persons entitled thereto, of the principal (and of, premium, if any) , and interest (including Additional Amountsinterest, if any) , on the Securities for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required or received by law. If the Trustee or Paying Agent is unable to apply make mandatory sinking fund payments or analogous payments as provided by Sections 401 or 403. (b) The Company shall pay and shall indemnify the Trustee against any money tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 401 or 403 or the interest and principal received in accordance with Section 11.1 hereof respect of such obligations other than any payable by reason or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon Company request any U.S. Government Obligations or money held by it as provided in Sections 401 or 403 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or money was deposited or received. This provision shall not authorize the sale by the Trustee of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations U.S. Government Obligations held under this Indenture and Indenture. (d) Any monies paid by the Notes shall be revived and reinstated as though no deposit had occurred pursuant Company to Section 11.1 hereof; provided that if the Issuers have made Trustee or any Paying Agent, or held by the Company in trust, for the payment of the principal of, premium, if any, or interest (including Additional Amountsinterest, if any) on, or Additional Amounts on any Notes because Securities and remaining unclaimed at the end of two years after such principal, premium, interest or Additional Amounts become due and payable will be repaid to the Company, or released from the trust, upon its written request, and upon such repayment or release all liability of the reinstatement of its obligationsCompany, the Issuers shall be subrogated to the rights of the Holders of Trustee and such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying AgentAgent with respect thereto will cease.

Appears in 1 contract

Samples: Indenture (Midamerican Energy Holdings Co /New/)

Application of Trust Money. Subject to the provisions of -------------------------- Section 8.6 hereof2.4, all money deposited with the Trustee pursuant to Section 11.1 hereof 3.1 shall be held in trust and applied by it, in accordance with the provisions of the Senior Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal of and any premium and interest on the Senior Notes (and premium, if any) and interest (including any Additional Amounts, if anyAmounts payable by the Issuer or Bermuda Holdings in respect thereof) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof 3.1 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer's and any Guarantor’s Bermuda Holdings' obligations under this Indenture and the Senior Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof3.1; provided that if the Issuers have Issuer or Bermuda Holdings has made any payment of principal of, premium, if any, or and any premium and interest (including Additional Amounts, if any) on, any Senior Notes (and any Additional Amounts payable by the Issuer or Bermuda Holdings in respect thereof) because of the reinstatement of its obligations, the Issuers Issuer or Bermuda Holdings shall be subrogated to the rights of the Holders of such Senior Notes to receive such payment from for the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Terra Nova Bermuda Holding LTD)

Application of Trust Money. Subject to the provisions of the last paragraph of Section 8.6 hereof1003, all money deposited with the Trustee pursuant to Section 11.1 hereof 401 shall be held in trust and applied by it, in accordance with the provisions of the Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) ), interest and interest (including Additional Amounts, if any) , for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof 401 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company's and any Guarantor’s the Guarantors' obligations under this Indenture and the Notes Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof401; provided PROVIDED that if the Issuers Company and the Guarantors have made any payment of principal of, premium, if any, interest or interest (including Additional Amounts, if any) on, on any Notes Securities because of the reinstatement of its such obligations, the Issuers Company and the Guarantors shall be subrogated to the rights of the Holders of such Notes Securities to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.. ARTICLE FIVE

Appears in 1 contract

Samples: Indenture (United Stationers Supply Co)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee pursuant to Section 11.1 13.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premiumof, premium on, if any) , interest and interest (including Additional Amounts, if any) , for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money money, European Government Obligations or U.S. Government Obligations in accordance with Section 11.1 13.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 13.01 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premiumpremium on, if any, or interest (including and Additional Amounts, if any) , on, any the Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money money, European Government Obligations or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Orion Engineered Carbons S.a r.l.)

Application of Trust Money. (a) Subject to the provisions of Section 8.6 hereof8.06, all money deposited with the Trustee pursuant to Section 11.1 hereof 11.01 shall be held in trust and applied by it, in accordance with the provisions of the Second Lien Exchangeable Notes and this Second Lien Exchangeable Notes Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and principal, premium, if any) , and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; , but such money need not be segregated from other funds except to the extent required by law. . (b) If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 11.01 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations under this Indenture Second Lien Exchangeable Notes Indenture, the Second Lien Exchangeable Notes and the Notes Note Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof11.01; provided that if the Issuers have Company has made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, any Second Lien Exchangeable Notes because of the reinstatement of its obligations, the Issuers Company shall be subrogated to the rights of the Holders of such Second Lien Exchangeable Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent, as the case may be.

Appears in 1 contract

Samples: Second Lien Exchangeable Senior Secured Pik Notes Indenture (WeWork Inc.)

Application of Trust Money. Subject to the provisions of the last paragraph of Section 8.6 hereof1003, all money or Government Securities deposited with the Second-Priority Trustee pursuant to Section 11.1 hereof 401 shall be held in trust and applied by it, in accordance with the provisions of the Second-Priority Notes and this Second-Priority Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as their own Paying Agent for itself and the Co-IssuerAgent) as the Second-Priority Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money or Government Securities has been deposited with the Second-Priority Trustee; but such money or Government Securities need not be segregated from other funds except to the extent required by law. If the Second-Priority Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 401 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Subsidiary Guarantor’s obligations under this Second-Priority Indenture and the Second-Priority Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof401 until such time as the Second-Priority Trustee or Paying Agent is permitted to apply all such money or Government Securities in accordance with Section 401; provided that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Second-Priority Notes because of the reinstatement of its their obligations, the Issuers shall be subrogated to the rights of the Holders of such Second-Priority Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Second-Priority Trustee or Paying Agent.

Appears in 1 contract

Samples: Second Priority Indenture (Clearwire Corp /DE)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money in Dollars or U.S. Government Obligations deposited with the Trustee pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money in Dollars or U.S. Government Obligations has been deposited with the Trustee; but such money in Dollars or U.S. Government Obligations need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers Issuer have made any payment of principal of, premium, if any, premium or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.. The Issuer will pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations deposited pursuant to Section 11.1 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes

Appears in 1 contract

Samples: Indenture (Moneygram International Inc)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee pursuant to Section 11.1 12.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and principal, premium, if any) , interest and interest (including Additional Amounts, if any) , for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or money, U.S. Government Obligations Securities or U.K. Government Securities in accordance with Section 11.1 12.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Issuer’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 12.01 hereof; provided that if the Issuers have Issuer has made any payment of principal of, premiumpremium on, if any, interest or interest (including Additional Amounts, if any) , on, any Notes because of the reinstatement of its obligations, the Issuers Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or money, U.S. Government Obligations Securities or U.K. Government Securities held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Manchester United Ltd.)

Application of Trust Money. (a) Subject to the provisions of Section 8.6 hereof8.06, all money deposited with the Trustee pursuant to Section 11.1 hereof 11.01 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers or any Restricted Subsidiary acting as Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and principal, premium, if any) , and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; , but such money need not be segregated from other funds except to the extent required by law. ​ ​ (b) If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 11.01 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture Indenture, the Notes and the Notes Note Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof11.01 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 11.02(a); provided that if the Issuers have made any payment of principal ofprincipal, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of following the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money cash held in U.S. dollars or U.S. dollar-denominated Government Obligations Securities held by the Trustee or Paying Agent, as the case may be. (c) The Issuers shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 11.01 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders.

Appears in 1 contract

Samples: Indenture (Alliance Resource Partners Lp)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee pursuant to Section 11.1 11.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Partnership acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and principal, premium, if any) , and interest (including Additional Amountsinterest, if any) , for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. The Partnership will pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 11.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Partnership’s and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 11.01 hereof; provided that if the Issuers have Partnership has made any payment of principal of, premium, if any, on, or interest (including Additional Amountsinterest, if any) , on, any Notes because of the reinstatement of its obligations, the Issuers Partnership shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Hi-Crush Partners LP)

Application of Trust Money. Subject to the provisions of the last paragraph of Section 8.6 hereof1003, all money or Government Securities deposited with the Trustee pursuant to Section 11.1 hereof 401 shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as their own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money or Government Securities has been deposited with the Trustee; but such money or Government Securities need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 hereof 401 by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof401 until such time as the Trustee or Paying Agent is permitted to apply all such money or Government Securities in accordance with Section 401; provided that if the Issuers have made any payment of principal of, premium, if any, or interest (including Additional Amounts, if any) on, on any Notes because of the reinstatement of its their obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (TRAC Intermodal LLC)

Application of Trust Money. Subject to the provisions of Section 8.6 8.06 hereof, all money deposited with the Trustee pursuant to Section 11.1 10.01 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or Paying Agent is unable to apply any money or U.S. Government Obligations Securities in accordance with Section 11.1 10.01 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority governmental authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ Company’s and any Guarantor’s obligations Obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 10.01 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money and Government Securities in accordance with Section 10.01 hereof; provided that if the Issuers have Company or any Guarantor has made any payment of principal of, premium, if any, or interest (including Additional Amountsinterest, if any) , on, any Notes because of the reinstatement of its obligations, the Issuers Company or such Guarantor, as applicable, shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations Securities held by the Trustee or Paying Agent; and provided, further, that no Default or Event of Default under or as a result of any of the provisions of this Indenture that have been so revived or reinstated shall be deemed to have occurred during the 90 days immediately following the date of such reinstatement.

Appears in 1 contract

Samples: Indenture (SAExploration Holdings, Inc.)

Application of Trust Money. Subject to the provisions of Section 8.6 hereof, all money deposited with the Trustee or the Paying Agent pursuant to Section 11.1 hereof shall be held in trust and applied by it, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as their own Paying Agent for itself and the Co-IssuerAgent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium) and interest and Additional Interest, if any) and interest (including Additional Amounts, if any) for whose payment such money has been deposited with the TrusteeTrustee or the Paying Agent; but such money need not be segregated from other funds except to the extent required by law. If the Trustee or the Paying Agent is unable to apply any money or U.S. Government Obligations in accordance with Section 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or Governmental Authority enjoining, restraining or otherwise prohibiting such application, the Issuers’ and any Guarantor’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 11.1 hereof; provided that if the Issuers have made any payment of principal of, premiumpremium or interest or Additional Interest, if any, or interest (including Additional Amounts, if any) on, any Notes because of the reinstatement of its obligations, the Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or the Paying Agent.

Appears in 1 contract

Samples: Indenture (Affinity Gaming, LLC)

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