Common use of Deposited Money and Cash Equivalents to Be Held in Trust; Other Miscellaneous Provisions Clause in Contracts

Deposited Money and Cash Equivalents to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the penultimate paragraph of Section 3.15 – Paying Agents to Hold Money, all cash and Cash Equivalents (including the proceeds thereof) deposited with the Trustee pursuant to Section 11.04 – Conditions to Legal Defeasance or Covenant Defeasance in respect of the Securities then Outstanding shall be held in trust and applied by the Trustees, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent as the Trustees may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money need not be segregated from other funds except to the extent required by law. The Corporation shall pay and indemnify the Trustees against any tax, fee or other charge imposed on or assessed against the Cash Equivalents deposited pursuant to Section 11.04 – Conditions to Legal Defeasance or Covenant Defeasance 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 Securities for whose benefit such Cash Equivalents are held. Anything in this Article Eleven to the contrary notwithstanding, the Trustees shall deliver or pay to the Corporation from time to time, upon Corporation Request, any cash or Cash Equivalents held by it as provided in Section 11.04 – Conditions to Legal Defeasance or Covenant Defeasance which, in the opinion of a recognized firm of independent chartered accountants of Canadian national or international standing expressed in a written certification thereof delivered to the Trustees, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such cash or Cash Equivalents were deposited.

Appears in 2 contracts

Samples: sec.report, sec.report

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Deposited Money and Cash Equivalents to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the penultimate paragraph of Section 3.15 – Paying Agents to Hold Money8.09 hereof, all cash money and non-callable Cash Equivalents (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 8.08, the "Trustee") pursuant to Section 11.04 – Conditions to Legal Defeasance or Covenant Defeasance 8.04 hereof in respect of the Securities then Outstanding outstanding Notes shall be held in trust and applied by the TrusteesTrustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as Paying Agent) as the Trustees Trustee may determine, to the Holders of such Securities Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and Liquidated Damages, if any, and interest, but such money need not be segregated from other funds except to the extent required by law. The Corporation Company shall pay and indemnify the Trustees Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Cash Equivalents deposited pursuant to Section 11.04 – Conditions to Legal Defeasance or Covenant Defeasance 8.04(a) hereof or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Securities for whose benefit such Cash Equivalents are heldoutstanding Notes. Anything in this Article Eleven 8 to the contrary notwithstanding, the Trustees Trustee shall deliver or pay to the Corporation Company from time to time, time upon Corporation Request, the request of the Company any cash money or non-callable Cash Equivalents held by it as provided in Section 11.04 – Conditions to Legal Defeasance or Covenant Defeasance 8.04 hereof which, in the opinion of a nationally recognized firm of independent chartered public accountants of Canadian national or international standing expressed in a written certification thereof delivered to the Trustees, are in excess of Trustee (which may be the amount thereof which would then be required to be deposited for the purpose for which such cash or Cash Equivalents were deposited.opinion delivered under

Appears in 1 contract

Samples: Indenture (Rayovac Corp)

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Deposited Money and Cash Equivalents to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the penultimate paragraph of Section 3.15 – Paying Agents to Hold Money8.06 hereof, all cash money and non-callable Cash Equivalents (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 8.05, the "Trustee") pursuant to Section 11.04 – Conditions to Legal Defeasance or Covenant Defeasance 8.04 hereof in respect of the Securities then Outstanding outstanding Notes shall be held in trust and applied by the TrusteesTrustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as Paying Agent) as the Trustees Trustee may determine, to the Holders of such Securities Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money need not be segregated from other funds except to the extent required by law. The Corporation Issuer shall pay and indemnify the Trustees Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Cash Equivalents deposited pursuant to Section 11.04 – Conditions to Legal Defeasance or Covenant Defeasance 8.04 hereof or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Securities for whose benefit such Cash Equivalents are heldoutstanding Notes. Anything in this Article Eleven 8 to the contrary notwithstanding, the Trustees Trustee shall deliver or pay to the Corporation Issuer from time to time, time upon Corporation Request, the request of the Issuer any cash money or non-callable Cash Equivalents held by it as provided in Section 11.04 – Conditions to Legal Defeasance or Covenant Defeasance 8.04 hereof which, in the opinion of a nationally recognized firm of independent chartered public accountants of Canadian national or international standing expressed in a written certification thereof delivered to the TrusteesTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited for the purpose for which such cash to effect an equivalent Legal Defeasance or Cash Equivalents were depositedCovenant Defeasance.

Appears in 1 contract

Samples: Indenture (Anchor Holdings Inc)

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