Common use of Assets Not Properly Released Clause in Contracts

Assets Not Properly Released. If the Paying Agent or the Property Trustee shall receive any principal payments on account of financial assets credited to the Collateral Account and not released therefrom in accordance with this Agreement, the Paying Agent or the Property Trustee shall hold the same as trustee of an express trust for the benefit of the Company and, upon receipt of an Officers’ Certificate of the Company so directing, promptly deliver the same to the Securities Intermediary for credit to the Collateral Account or to the Company for application to the Obligations, and the Paying Agent or the Property Trustee shall acquire no right, title or interest in any such payments of principal amounts so received. Neither the Paying Agent nor the Property Trustee shall have any liability under this Section 5.05 unless and until it has been notified in writing that such payment was delivered to it erroneously and nor shall it have any liability for any action taken, suffered or omitted to be taken prior to its receipt of such notice.

Assets Not Properly Released. If the Paying Purchase Contract Agent or the Property Trustee any Holder shall receive any principal payments on account of financial assets credited to the Collateral Account and not released therefrom in accordance with this Agreement, the Paying Purchase Contract Agent or the Property Trustee such Holder shall hold the same as trustee of an express trust for the benefit of the Company and, upon receipt of an Officers’ ' Certificate of the Company so directing, promptly deliver the same to the Securities Intermediary Collateral Agent for credit to the Collateral Account or to the Company for application to the ObligationsObligations of the Holders, and the Paying Purchase Contract Agent or the Property Trustee and Holders shall acquire no right, title or interest in any such payments of principal amounts so received. Neither the Paying The Purchase Contract Agent nor the Property Trustee shall have any no liability under this Section 5.05 3.05 unless and until it has been notified in writing that such payment was delivered to it erroneously and nor shall it have any no liability for any action taken, suffered or omitted to be taken prior to its receipt of such notice.

Assets Not Properly Released. If the Paying Purchase Contract Agent or the Property Trustee any Holder shall receive any principal payments on account of financial assets credited to the Collateral Account and not released therefrom in accordance with this Agreement, the Paying Purchase Contract Agent or the Property Trustee such Holder shall hold the same as trustee of an express trust for the benefit of the Company and, upon receipt of an Officers’ Certificate of the Company so directing, promptly deliver the same to the Securities Intermediary for credit to the Collateral Account or to the Company for application to the ObligationsObligations of the Holders, and the Paying Purchase Contract Agent or the Property Trustee and Holders shall acquire no right, title or interest in any such payments of principal amounts so received. Neither the Paying The Purchase Contract Agent nor the Property Trustee shall have any no liability under this Section 5.05 3.05 unless and until it has been notified in writing that such payment was delivered to it erroneously and nor shall it have any no liability for any action taken, suffered or omitted to be taken prior to its receipt of such notice.

Assets Not Properly Released. If the Paying Purchase Contract Agent or the Property Trustee any Holder shall receive any principal payments on account of financial assets credited to the Collateral Account and not released therefrom in accordance with this Agreement, the Paying Purchase Contract Agent or the Property Trustee such Holder shall hold the same as trustee of an express trust for the benefit of the Company and, upon receipt of an Officers’ ' Certificate of the Company so directing, promptly deliver the same to the Securities Intermediary for credit to the Collateral Account or to the Company for application to the ObligationsObligations of the Holders, and the Paying Purchase Contract Agent or the Property Trustee and Holders shall acquire no right, title or interest in any such payments of principal amounts so received. Neither the Paying The Purchase Contract Agent nor the Property Trustee shall have any no liability under this Section 5.05 3.05 unless and until it has been notified in writing that such payment was delivered to it erroneously and nor shall it have any no liability for any action taken, suffered or omitted to be taken prior to its receipt of such notice.

Assets Not Properly Released. If the Paying Stock Purchase Contract Agent or the Property Trustee any Holder shall receive any principal payments on account of financial assets credited to the any Collateral Account and not released therefrom otherwise than in accordance with this Agreement, the Paying Stock Purchase Contract Agent or the Property Trustee such Holder shall hold the same as trustee of an express trust for the benefit of the Company and, upon receipt of an Officers’ Certificate of the Company so directing, promptly deliver the same to the Securities Intermediary for credit to the applicable Collateral Account or to the Company for application to the ObligationsObligations of the Holders, and the Paying Stock Purchase Contract Agent or the Property Trustee and Holders shall acquire no right, title or interest in any such payments of principal amounts so received. Neither the Paying The Stock Purchase Contract Agent nor the Property Trustee shall have any no liability under this Section 5.05 3.5 unless and until it has been notified in writing that such payment was delivered to it erroneously and nor shall it have any no liability for any action taken, suffered or omitted to be taken prior to its receipt of such notice.

Assets Not Properly Released. If the Paying Agent or the Property Trustee shall receive any principal payments on account of financial assets credited to the Collateral Account and not released therefrom in accordance with this Agreement, the Paying Agent or the Property Trustee shall hold the same as trustee of an express trust for the benefit of the Company Corporation and, upon receipt of an Officers’ Certificate of the Company Corporation so directing, promptly deliver the same to the Securities Intermediary for credit to the Collateral Account or to the Company Corporation for application to the Obligations, and the Paying Agent or the Property Trustee shall acquire no right, title or interest in any such payments of principal amounts so received. Neither the Paying Agent nor the Property Trustee shall have any liability under this Section 5.05 unless and until it has been notified in writing that such payment was delivered to it erroneously and nor shall it have any liability for any action taken, suffered or omitted to be taken prior to its receipt of such notice.

Assets Not Properly Released. If the Paying Stock Purchase Contract Agent or the Property Trustee any Holder shall receive any principal payments on account of financial assets credited to the either Collateral Account and not released therefrom in accordance with this Agreement, the Paying Stock Purchase Contract Agent or the Property Trustee such Holder shall hold the same as trustee of an express trust for the benefit of the Company and, upon receipt of an Officers’ ' Certificate of the Company so directing, promptly deliver the same to the Securities Intermediary for credit to the applicable Collateral Account or to the Company for application to the ObligationsObligations of the Holders, and the Paying Stock Purchase Contract Agent or the Property Trustee and Holders shall acquire no right, title or interest in any such payments of principal amounts so received. Neither the Paying The Stock Purchase Contract Agent nor the Property Trustee shall have any no liability under this Section 5.05 3.05 unless and until it has been notified in writing that such payment was delivered to it erroneously and nor shall it have any no liability for any action taken, suffered or omitted to be taken prior to its receipt of such notice.

Assets Not Properly Released. If the Paying Stock Purchase Contract Agent or the Property Trustee any Holder shall receive any principal payments on account of financial assets credited to the Collateral Account and not released therefrom in accordance with this Agreement, the Paying Stock Purchase Contract Agent or the Property Trustee such Holder shall hold the same as trustee of an express trust for the benefit of the Company and, upon receipt of an Officers’ Certificate of the Company so directing, promptly deliver the same to the Securities Intermediary for credit to the Collateral Account or to the Company for application to the ObligationsObligations of the Holders, and the Paying Stock Purchase Contract Agent or the Property Trustee and Holders shall acquire no right, title or interest in any such payments of principal amounts so received. Neither the Paying The Stock Purchase Contract Agent nor the Property Trustee shall have any no liability under this Section 5.05 3.5 unless and until it has been notified in writing that such payment was delivered to it erroneously and nor shall it have any no liability for any action taken, suffered or omitted to be taken prior to its receipt of such notice.

Assets Not Properly Released. If the Paying Purchase Contract Agent or the Property Trustee any Holder shall receive any principal payments on account of financial assets credited to the Collateral Account and not released therefrom from the Pledge in accordance with this Agreement, the Paying Purchase Contract Agent or the Property Trustee such Holder shall hold the same as trustee of an express trust for the benefit of the Company and, upon receipt of an Officers’ ' Certificate of the Company so directing, promptly deliver the same to the Securities Intermediary for credit to the Collateral Account or to the Company for application to the ObligationsObligations of the Holders, and the Paying Purchase Contract Agent or the Property Trustee and Holders shall acquire no right, title or interest in any such payments of principal amounts so received. Neither the Paying The Purchase Contract Agent nor the Property Trustee shall have any no liability under this Section 5.05 3.05 unless and until it has been notified in writing that such payment was delivered to it erroneously and nor shall it have any no liability for any action taken, suffered or omitted to be taken prior to its receipt of such notice.

Assets Not Properly Released. If the Paying Purchase Contract Agent or the Property Trustee any Holder shall receive any principal payments on account of financial assets credited to the Collateral Account or to the Company and not released therefrom in accordance with this Agreement, the Paying Purchase Contract Agent or the Property Trustee such Holder shall hold the same as trustee of an express trust for the benefit of the Company and, upon receipt of an Officers’ Certificate Issuer Order of the Company so directing, promptly deliver the same to the Securities Intermediary for credit to the Collateral Account or to the Company for application to the ObligationsObligations of such Holder, and the Paying Purchase Contract Agent or the Property Trustee and such Holder shall acquire no right, title or interest in any such payments of principal amounts so received. Neither the Paying The Purchase Contract Agent nor the Property Trustee shall have any no liability under this Section 5.05 3.5 unless and until it has been notified in writing that such payment was delivered to it erroneously and nor shall it have any no liability for any action taken, suffered or omitted to be taken prior to its receipt of such notice.

Assets Not Properly Released. If the Paying Stock Purchase Contract Agent or the Property Trustee any Holder shall receive any principal payments on account of financial assets credited to the Collateral Account and not released therefrom in accordance with this Agreement, the Paying Stock Purchase Contract Agent or the Property Trustee such Holder shall hold the same as trustee of an express trust for the benefit of the Company and, upon receipt of an Officers’ Certificate of the Company so directing, promptly deliver the same to the Securities Intermediary for credit to the Collateral Account or to the Company for application to the ObligationsObligations of the Holders, and the Paying Stock Purchase Contract Agent or the Property Trustee and Holders shall acquire no right, title or interest in any such payments of principal amounts so received. Neither the Paying The Stock Purchase Contract Agent nor the Property Trustee shall have any no liability under this Section 5.05 3.05 unless and until it has been notified in writing that such payment was delivered to it erroneously and nor shall it have any no liability for any action taken, suffered or omitted to be taken prior to its receipt of such notice.

Assets Not Properly Released. If the Paying Warrant Agent or the Property Trustee any Holder shall receive any principal payments on account of financial assets credited to the Collateral Account and not released therefrom from the Pledge in accordance with this Agreement, the Paying Warrant Agent or the Property Trustee such Holder shall hold the same as trustee of an express trust for the benefit of the Company and, upon receipt of an Officers’ ' Certificate of the Company so directing, promptly deliver the same to the Securities Intermediary for credit to the Collateral Account or to the Company for application to the ObligationsObligations of the Holders, and the Paying Warrant Agent or the Property Trustee and Holders shall acquire no right, title or interest in any such payments of principal amounts so received. Neither the Paying The Warrant Agent nor the Property Trustee shall have any no liability under this Section 5.05 3.05 unless and until it has been notified in writing that such payment was delivered to it erroneously and nor shall it have any no liability for any action taken, suffered or omitted to be taken prior to its receipt of such notice.

Assets Not Properly Released. If the Paying Purchase Contract Agent or the Property Trustee any Holder shall receive any principal payments on account in respect of financial assets (1) the liquidation preference of the Pledged Convertible Preferred Shares and (2) the Treasury Securities or security entitlements thereto credited to the Collateral Account and not released therefrom in accordance with this Agreement, the Paying Purchase Contract Agent or the Property Trustee such Holder shall hold the same as trustee of an express trust for the benefit of the Company and, upon receipt of an Officers’ ' Certificate of the Company so directing, promptly deliver the same to the Securities Intermediary Collateral Agent for credit to the Collateral Account or to the Company for application to the ObligationsObligations of the Holders, and the Paying Purchase Contract Agent or the Property Trustee and Holders shall acquire no right, title or interest in any such payments of principal amounts so received. Neither the Paying The Purchase Contract Agent nor the Property Trustee shall have any no liability under this Section 5.05 3.05 unless and until it has been notified in writing that such payment was delivered to it erroneously and nor shall it have any no liability for any action taken, suffered or omitted to be taken prior to its receipt of such notice.

Assets Not Properly Released. If the Paying Note Purchase Contract Agent or the Property Trustee any Holder shall receive any principal payments on account of financial assets credited to the Collateral Securities Account and not released therefrom in accordance with this Agreement, the Paying Note Purchase Contract Agent or the Property Trustee such Holder shall hold the same as trustee of an express trust for the benefit of the Company and, upon receipt of an Officers’ Officer’s Certificate of the Company so directing, promptly deliver the same to the Securities Intermediary for credit to the Collateral Securities Account or to the Company for application to the ObligationsObligations of the Holders, and the Paying Note Purchase Contract Agent or the Property Trustee and Holders shall acquire no right, title or interest in any such payments of principal amounts so received. Neither the Paying The Note Purchase Contract Agent nor the Property Trustee shall have any no liability under this Section 5.05 3.4 unless and until it has been notified in writing that such payment was delivered to it erroneously and nor shall it have any no liability for any action taken, suffered or omitted to be taken prior to its receipt of such notice.