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

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions of this Article Fourteen) pursuant to Section 14.04 in respect of such Securities shall be held in trust and applied by such Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent), to the Holders of such Securities of all sums due and to become due thereon in respect of principal, premium (if any) and interest (if any) on such Securities but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 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 such Securities. Anything in this Article Fourteen to the contrary notwithstanding, such Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.

Appears in 14 contracts

Samples: Indenture (Curaleaf Holdings, Inc.), Indenture (Cybin Inc.), Indenture (Platinum Group Metals LTD)

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Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions of this Article Fourteen) pursuant to Section 14.04 in respect of such Securities and any related coupons shall be held in trust and applied by such Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent), to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principal, premium (if any) and interest (if any) on such Securities but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 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 such SecuritiesSecurities and any related coupons. Anything in this Article Fourteen to the contrary notwithstanding, such Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.

Appears in 13 contracts

Samples: Indenture (Bragg Gaming Group Inc.), Indenture (New Pacific Metals Corp), Indenture (IM Cannabis Corp.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a the Trustee (or another other qualifying trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions (solely for purposes of this Article FourteenSection and Section 1306, the Trustee and any such other trustee are referred to collectively, for purposes of this Section 1305, as the "Trustee") pursuant to Section 14.04 1304 in respect of the Securities of such Securities series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities of such series and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of the Securities of such Securities series, of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1304 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 such the Outstanding Securities. Anything in this Article Fourteen Thirteen to the contrary notwithstanding, such the Trustee shall deliver delivered or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.

Appears in 12 contracts

Samples: Indenture (Global Signal Inc), Indenture (Tyler & Sanders Roads, Birmingham-Alabama, LLC), Indenture (Global Signal Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 14.05, the “Trustee”) pursuant to Section 14.04 in respect of such any Outstanding Securities of any series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(114.04(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(114.04(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(114.04(a) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any, on) and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, such conversion shall be based on the applicable Market Exchange Rate for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the money or Government Obligations deposited pursuant to Section 14.04 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 such Outstanding Securities. Anything in this Article Fourteen XIV to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenXIV.

Appears in 10 contracts

Samples: Indenture (North Haven Private Income Fund LLC), Indenture (Apollo Debt Solutions BDC), Indenture (HPS Corporate Lending Fund)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium or Make-Whole Amount, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.Article. ARTICLE FIFTEEN - MEETINGS OF HOLDERS OF SECURITIES

Appears in 9 contracts

Samples: Indenture (Wyman Gordon Co), Indenture (Western Investment Real Estate Trust), Indenture (Western Investment Real Estate Trust)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium or Make-Whole Amount, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such Outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 8 contracts

Samples: Indenture (Prologis Yen Finance LLC), Indenture (Prologis, L.P.), Indenture (Prologis Yen Finance LLC)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including as the Company acting as its own Paying Agent)Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium or Make-Whole Amount, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. This indemnity shall survive the resignation or removal of the Trustee and the termination of this Indenture. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon the Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 8 contracts

Samples: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp), Indenture (Capitalsource Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium or Make-Whole Amount, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 7 contracts

Samples: Indenture (Provident Companies Inc /De/), Indenture (Provident Companies Inc /De/), Indenture (Friedman Billings Ramsey Group Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.Article. ARTICLE FIFTEEN

Appears in 7 contracts

Samples: Indenture (Deere John Capital Corp), Indenture (Deere John Capital Corp), Indenture (Deere & Co)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(1) has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any related coupons. Notwithstanding anything to the contrary contained herein, the foregoing sentence shall survive the termination of this Indenture and the earlier resignation or removal of the Trustee. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 6 contracts

Samples: Indenture (Lifevantage Corp), Indenture (Coca-Cola European Partners Us, LLC), Indenture (Medicinova Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(1) has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any related coupons. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 6 contracts

Samples: Indenture (Suncor Energy Inc), Indenture (Suncor Energy Inc), Indenture (Borg Warner Automotive Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.0311.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively, for purposes of this Article FourteenSection, the “Trustee”) pursuant to Section 14.04 15.04 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as such Trustee may determine, to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) 15.04 has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) 15.04 has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) 15.04 has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 15.04 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 such SecuritiesOutstanding Securities and any related coupons. Anything in this Article Fourteen to the contrary notwithstanding, such Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 15.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 5 contracts

Samples: Indenture (Taseko Mines LTD), Indenture (Uranerz Energy Corp.), Indenture (Taseko Mines LTD)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively, for purposes of this Article FourteenSection, the “Trustee”) pursuant to Section 14.04 13.04 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as such Trustee may determine, to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(113.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b3.11(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(113.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d3.11(d) or 3.12(e3.11(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(113.04(1) has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations obligations deposited pursuant to Section 14.04 13.04 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 such SecuritiesOutstanding Securities and any related coupons. Anything in this Article Fourteen to the contrary notwithstanding, such Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 13.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 5 contracts

Samples: Indenture (Profound Medical Corp.), Indenture (Triple Flag Precious Metals Corp.), Indenture (Profound Medical Corp.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, exceptin the case of such an election, with respect to a Conversion Eventor, the applicable market exchange rate in effect for such Currency in effect currency or currency unit (as nearly as feasible) at ), in the time case of the such Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 5 contracts

Samples: Indenture (Hospitality Properties Trust), Indenture (Hospitality Properties Trust), Indenture (Hospitality Properties Trust)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (cash interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (cash interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, such conversion shall be based on the applicable Market Exchange Rate for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the money or Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 4 contracts

Samples: Indenture (Medallion Financial Corp), Indenture (Medallion Financial Corp), Indenture (Medley LLC)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuer acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, in or pursuant to this Indenture or any Security if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the Foreign Currency in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium or Make-Whole Amount, premium (if any) ), and interest (interest, if any) , on and Additional Amounts, if any, with respect to such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Foreign Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company Issuer shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited deposit pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company Issuer from time to time upon Company Issuer Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.Article. ARTICLE FIFTEEN

Appears in 4 contracts

Samples: Indenture (Criimi Mae Inc), Indenture (Equity Office Properties Trust), Indenture (Equity Office Properties Trust)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including as the Company acting as its own Paying Agent)Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium or Make-Whole Amount, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 4 contracts

Samples: Senior Indenture (Liberty Property Limited Partnership), Indenture (Liberty Property Limited Partnership), Subordinated Indenture (Liberty Property Limited Partnership)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying Trustee, collectively for purposes of this Article FourteenSection 14.05, the "Trustee") pursuant to Section 14.04 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(114.04(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 3.01 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(114.04(a) has been made in respect of such Security, Security or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(114.04(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen XIV to the contrary notwithstanding, such subject to Section 6.06, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenXIV.

Appears in 4 contracts

Samples: Indenture (Summit Securities Inc /Id/), Indenture (Franchise Finance Corp of America), Indenture (Metropolitan Mortgage & Securities Co Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(1) has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any related coupons. This sentence shall survive the termination of this Indenture and the earlier resignation or removal of the Trustee. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 4 contracts

Samples: Indenture (Boston Scientific Corp), Indenture (Boston Scientific Corp), Indenture (Boston Scientific Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Partnership acting as its own own, or the Guarantor acting as, Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium or Make-Whole Amount, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company Partnership or the Guarantor (if such Securities are Guaranteed Securities) shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company Partnership or the Guarantor (if such Securities are Guaranteed Securities) from time to time upon Company Partnership Request or Guarantor Request, as the case may be, any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 4 contracts

Samples: Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company or the Guarantor acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (and Additional Amounts, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company or the Guarantor, as the case may be, shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon the Company Request Request, or the Guarantor, as the case may be, upon the Guarantor Request, any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture (DEERE FUNDING CANADA Corp), Indenture (DEERE FUNDING CANADA Corp), Indenture (Deere & Co)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. (1) Subject to the provisions of the last paragraph of Section 10.039.3, all money and Government Obligations (or other property as may be provided pursuant to Section 3.013.1) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 13.5, the “Trustee”) pursuant to Section 14.04 13.4 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent as the Trustee may determine (including other than, with respect only to defeasance pursuant to Section 13.2, the Company acting as or any of its own Paying AgentAffiliates), to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. . (2) Unless otherwise specified with respect to any Security pursuant to Section 3.013.1, if, after a deposit referred to in Section 14.04(113.4(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b3.12(2) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(113.4(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d3.12(4) or 3.12(eSection 3.12(5) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11304(1) has been made, the indebtedness Indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. . (3) The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 13.4 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 such Securities. Outstanding Securities and any related coupons. (4) Anything in this Article Fourteen 13 to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon request of the Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 13.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture (Valens Company, Inc.), Indenture (Cardiol Therapeutics Inc.), Indenture (Cardiol Therapeutics Inc.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 14.05, the “Trustee”) pursuant to Section 14.04 in respect of such any Outstanding Securities of any series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(114.04(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(114.04(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(114.04(a) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the money or Government Obligations deposited pursuant to Section 14.04 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 such Outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article. If, after the Company has made a deposit with the Trustee pursuant to Section 14.04, the Trustee is unable to apply any money in accordance with Section 14.05 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, then the Company’s obligations under this Indenture and the applicable Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 14.04 until such time as the Trustee is permitted to apply all such money in accordance with this Article Fourteen; provided, however, that if the Company has made any payment of the principal of or interest on any series of Securities because of the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Securities to receive any such payment from the money held by the Trustee. Money deposited with the Trustee in trust pursuant to this Section 14.05 shall not be subject to the subordination provisions of Article Sixteen.

Appears in 3 contracts

Samples: Indenture (Horizon Technology Finance Corp), Indenture (THL Credit, Inc.), Indenture (Golub Capital BDC, Inc.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 14.05, the “Trustee”) pursuant to Section 14.04 in respect of such any Outstanding Securities of any Series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(114.04(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 3.01 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(114.04(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(114.04(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium or Make-Whole Amount, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 6.06, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture Agreement (Boston Properties LTD Partnership), Indenture (Boston Properties LTD Partnership), Indenture (Boston Properties LTD Partnership)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a the Indenture Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 14.05, the "Indenture Trustee") pursuant to Section 14.04 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Indenture Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Indenture Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. . (a) Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(114.04(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 3.01 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(114.04(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(114.04(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds process yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes become payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Indenture Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 6.06, the Indenture Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Indenture Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture (Chartermac), Indenture (Lexington Corporate Properties Trust), Indenture (Lexington Corporate Properties Trust)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuer or the Guarantor acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(1) has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company Issuer or the Guarantor shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any related coupons. The provisions of the immediately preceding sentence shall survive the termination of this Indenture and the earlier resignation or removal of the Trustee. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company Issuer from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture Agreement (American Medical Systems Europe B.V.), Indenture (Boston Scientific Corp), Indenture Agreement (American Medical Systems Europe B.V.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying Trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(1) has been made, (a1) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(1) has been made in respect of such Security, Security or (b2) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(1) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.

Appears in 3 contracts

Samples: Indenture (Shurgard Storage Centers Inc), Indenture (Shurgard Storage Centers Inc), Indenture (Shurgard Storage Centers Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Corporation acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(1) has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (premium, premium (if any) , on), and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company Corporation shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any related coupons. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company Corporation from time to time upon Company Corporation Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants selected by the Corporation expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteenarticle.

Appears in 3 contracts

Samples: Indenture (Nutrien Ltd.), Indenture (Nutrien Ltd.), Indenture (Agrium Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including other than the Company acting Company) as its own Paying Agent)the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(1) has been made, (a1) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit or composite currency other than that in which the deposit pursuant to Section 14.04(11404(1) has been made in respect of such Security, Security or (b2) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit or composite currency in which the deposit pursuant to Section 14.04(11404(1) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit or composite currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit or composite currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the money or Government Obligations or other property deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.

Appears in 3 contracts

Samples: Indenture (Pan Pacific Retail Properties Inc), Indenture (Pan Pacific Retail Properties Inc), Indenture (Realty Income Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another other qualifying trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions – collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of such the Outstanding Securities of a series and any related Coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related Coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any related Coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(1) has been made, the indebtedness represented by such Security and any related Coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (premium, premium (if any) , on), and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any related Coupons. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee--collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(1) has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (premium, premium (if any) , on), and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any related coupons. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture (Cendant Corp), Indenture (Cendant Corp), Indenture (Cendant Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 14.05, the “Trustee”) pursuant to Section 14.04 14.04(a) in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principal, premium (premium, if any) , and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any series of Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(114.04(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security series to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(114.04(a) has been made in respect of such Securityseries, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(114.04(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof , premium (premium, if any) , and interest (interest, if any) on , on, such series of Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 14.04(a) 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such Trusteethe Trustee (which may be the opinion delivered under Section 14.04(a)), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any, on) and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, such conversion shall be based on the applicable Market Exchange Rate for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the money or Government Obligations deposited pursuant to Section 14.04 1404 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 such Outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture (CM Finance Inc), Indenture (FIDUS INVESTMENT Corp), Indenture (FS Investment CORP)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(1) has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any related coupons. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of of, a nationally recognized firm of independent public accountants expressed in a written certification thereof (evidenced by an Officer's Certificate) delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture (Encana Corp), Indenture (Encana Corp), Indenture (Encana Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.0310.3, all money and Government Obligations (or other property as may be provided pursuant to Section 3.013.1) (including the proceeds thereof) deposited with a Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection, the “Trustee”) pursuant to Section 14.04 14.4 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as such Trustee may determine, to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.013.1, if, after a deposit referred to in Section 14.04(114.4(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(114.4(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or Section 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(114.4(1) has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 14.4 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 such SecuritiesOutstanding Securities and any related coupons. Anything in this Article Fourteen to the contrary notwithstanding, such Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 14.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture (North American Palladium LTD), Indenture (North American Palladium LTD), Indenture (North American Palladium LTD)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuer acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company Issuer shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such Outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company Issuer from time to time upon Company Issuer Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a legal defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture (Qimonda Finance LLC), Indenture (Qimonda Finance LLC), Indenture (Qimonda Finance LLC)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee--collectively for purposes of this Article FourteenSection 1505, the “Trustee”) pursuant to Section 14.04 1504 in respect of such the Outstanding Securities of any series and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company or the Guarantor acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the money or Government Obligations deposited pursuant to Section 14.04 1504 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 such Securitiesthereof. Anything in this Article Fourteen Fifteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1504 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture Agreement (CBS Operations Inc.), Senior Subordinated Indenture (CBS Operations Inc.), Indenture (CBS Operations Inc.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuer acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(i) has been made, (ai) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(i) has been made in respect of such Security, Security or (bii) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(i) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company Issuer shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company Issuer from time to time upon Company Issuer Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture (Chateau Communities Inc), Indenture (Walden Residential Properties Inc), Indenture (Chateau Communities Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively, for purposes of this Article FourteenSection, the “Trustee”) pursuant to Section 14.04 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as such Trustee may determine, to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations obligations deposited pursuant to Section 14.04 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 such SecuritiesOutstanding Securities and any related coupons. Anything in this Article Fourteen to the contrary notwithstanding, such Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture (Zymeworks Inc.), Indenture (Zymeworks Inc.), Indenture (Pretium Resources Inc.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee--collectively for purposes of this Article FourteenSection 1505, the "Trustee") pursuant to Section 14.04 1504 in respect of such the Outstanding Securities of any series and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company or the Guarantor acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the money or Government Obligations deposited pursuant to Section 14.04 1504 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 such Securitiesthereof. Anything in this Article Fourteen Fifteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1504 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture (Viacom International Inc /De/), Indenture (Viacom International Inc /De/), Indenture (Viacom Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuer acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, in or pursuant to this Indenture or any Security if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the Foreign Currency in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on and Additional Amounts, if any, with respect to such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Foreign Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company Issuer shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited deposit pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company Issuer from time to time upon Company Issuer Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture (Evans Withycombe Residential Lp), Indenture (Evans Withycombe Residential Lp), Indenture (Evans Withycombe Residential Lp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.039.3, all money and Government Obligations (or other property as may be provided pursuant to Section 3.013.1) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 13.5, the "Trustee") pursuant to Section 14.04 13.4 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent as the Trustee may determine (including other than, with respect only to defeasance pursuant to Section 13.2, the Company acting as or any of its own Paying AgentAffiliates), to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.013.1, if, after a deposit referred to in Section 14.04(113.4(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to TIA Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(113.4(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(113.4(1) has been made, the indebtedness Indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 13.4 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 such SecuritiesOutstanding Securities and any related coupons. Anything in this Article Fourteen 13 to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon request of the Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 13.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Trust Indenture (High Tide Inc.), Indenture (Northern Dynasty Minerals LTD), Trust Indenture (Taseko Mines LTD)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031103, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1505, the “Trustee”) pursuant to Section 14.04 1504 in respect of such Securities any Outstanding Securities, any coupons appertaining thereto and any related Guarantee shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities Securities, any coupons appertaining thereto and any related Guarantee and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuer acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities Securities, any coupons appertaining thereto and any related Guarantee of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11504(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11504(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11504(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company Issuer shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1504 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 such Outstanding Securities, any coupons appertaining thereto and any related Guarantee. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 707, the Trustee shall deliver or pay to the Company Issuer from time to time upon Company Issuer Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1504 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Supplemental Indenture (Kimco Realty OP, LLC), Indenture (Kimco Realty OP, LLC), Supplemental Indenture (Kimco Realty Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.0311.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively, for purposes of this Article FourteenSection, the “Trustee”) pursuant to Section 14.04 15.04 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as such Trustee may determine, to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) 15.04 has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b3.11(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) 15.04 has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d3.11(d) or 3.12(e3.11(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) 15.04 has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 15.04 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 such SecuritiesOutstanding Securities and any related coupons. Anything in this Article Fourteen to the contrary notwithstanding, such Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 15.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 3 contracts

Samples: Indenture (Energy Fuels Inc), Indenture (Energy Fuels Inc), Indenture (Kimber Resources Inc.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.0310.3, all money and Government Obligations (or other property as may be provided pursuant to Section 3.013.1) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 14.5, the "Trustee") pursuant to Section 14.04 14.4 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including other than the Company acting Company) as its own Paying Agent)the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.013.1, if, after a deposit referred to in Section 14.04(114.4(a) has been made, (a1) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 3.1 or the terms of such Security to receive payment in a Currency currency or currency unit or composite currency other than that in which the deposit pursuant to Section 14.04(114.4(a) has been made in respect of such Security, Security or (b2) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit or composite currency in which the deposit pursuant to Section 14.04(114.4(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit or composite currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit or composite currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the money or Government Obligations or other property deposited pursuant to Section 14.04 14.4 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 6.6, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 14.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.

Appears in 3 contracts

Samples: Indenture (Excel Legacy Corp), Indenture (Jmar Technologies Inc), Indenture (Neurocrine Biosciences Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.0310.3, all money and Government Obligations (or other property as may be provided pursuant to Section 3.013.1) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying Trustee, collectively for purposes of this Article FourteenSection 14.5, the "Trustee") pursuant to Section 14.04 14.4 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.013.1, if, after a deposit referred to in Section 14.04(114.4(l) has been made, (a1) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 3.1 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(114.4(l) has been made in respect of such Security, Security or (b2) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(114.4(l) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium or Make-Whole Amount, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 14.4 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen XIV to the contrary notwithstanding, such subject to Section 6.6, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 14.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenXIV.

Appears in 3 contracts

Samples: Indenture (National Retail Properties, Inc.), Indenture (Commercial Net Lease Realty Inc), Indenture (Commercial Net Lease Realty Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(eSection 312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any, on) and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, such conversion shall be based on the applicable Market Exchange Rate for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the money or Government Obligations deposited pursuant to Section 14.04 1404 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 such Outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.

Appears in 2 contracts

Samples: Indenture (Suro Capital Corp.), Loan and Security Agreement (GSV Capital Corp.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.Article. ARTICLE FIFTEEN

Appears in 2 contracts

Samples: Indenture (Developers Diversified Realty Corp), Indenture (Developers Diversified Realty Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03903, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1305, the “Trustee”) pursuant to Section 14.04 1304 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent as the Trustee may determine (including other than, with respect only to defeasance pursuant to Section 1302, the Company acting as or any of its own Paying AgentAffiliates), to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11304(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11304(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(eSection 312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11304(1) has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1304 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 such SecuritiesOutstanding Securities and any related coupons. Anything in this Article Fourteen Thirteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon request of the Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Denison Mines Corp.), Indenture (Denison Mines Corp.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including as the Company acting as its own Paying Agent)Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 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 such Securities. Anything in this Article Fourteen to the contrary notwithstanding, such Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.coupons appertaining

Appears in 2 contracts

Samples: Indenture (Sun Communities Operating Limited Partnership), Indenture (Sun Communities Operating Limited Partnership)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another other qualifying trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404(1) in respect of any Outstanding Securities of such Securities shall series will be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(1) has been made, the indebtedness represented by such Security shall will be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (premium, premium (if any) , on), and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404(1) 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 such outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404(1) which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.. ARTICLE FIFTEEN GUARANTEE

Appears in 2 contracts

Samples: Indenture (Otis Worldwide Corp), Indenture (Highland Holdings S.a r.l.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.039.4, all money and Government Obligations (or other property as may be provided pursuant to Section 3.012.3) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 12.5, the “Trustee”) pursuant to Section 14.04 12.4 in respect of such Outstanding Securities shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent paying agent (including the Company Issuer acting as its own Paying Agent)paying agent) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company Issuer shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Obligations deposited pursuant to Section 14.04 12.4 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 such Outstanding Securities. The foregoing sentence shall survive the termination of this Indenture and the earlier resignation or removal of the Trustee. Anything in this Article Fourteen Twelve to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company Issuer from time to time upon Company Request Order any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 12.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Becton Dickinson & Co), Indenture (Cardinal Health Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons as pertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Semco Capital Trust Iii), Indenture (Semco Capital Trust)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1305, the "Trustee") pursuant to Section 14.04 1304 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including as the Company acting as its own Paying Agent)Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11304(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11304(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11304(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1304 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon the Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Mindspring Enterprises Inc), Indenture (Mindspring Enterprises Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Quest Diagnostics Inc), Indenture (Deere & Co)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, exceptin the case of such an election, with respect to a Conversion Eventor, the applicable market exchange rate in effect for such Currency in effect currency or currency unit (as nearly as feasible) at ), in the time case of the such Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.Article. ARTICLE FIFTEEN

Appears in 2 contracts

Samples: Indenture (Health & Retirement Properties Trust), Indenture (Health & Retirement Properties Trust)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Money and Government Obligations (including the proceeds thereof) so held in trust shall not be subject to the provisions of Article Seventeen, provided that the applicable conditions of Section 1404 have been satisfied. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium or Make-Whole Amount, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Union Planters Corp), Indenture (Unumprovident Financing Trust Iii)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 14.05, the "Trustee") pursuant to Section 14.04 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(114.04(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b3.12(2) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(114.04(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e3.12(4)or 3.12(5) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(114.04(a) has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 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 such SecuritiesOutstanding Securities and any related coupons. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company Company, from time to time upon Company Request request of the Company, any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Four Seasons Hotels Inc), Indenture (Four Seasons Hotels Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively, for purposes of this Article FourteenSection, the “Trustee”) pursuant to Section 14.04 13.04 in respect of such Outstanding Securities shall be held in trust and applied by such Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as such Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(113.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b3.11(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(113.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d3.11(d) or 3.12(e3.11(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(113.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations obligations deposited pursuant to Section 14.04 13.04 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 such Outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 13.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Electrovaya Inc.), Indenture (Colliers International Group Inc.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent), ) to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (PennyMac Mortgage Investment Trust), Indenture (PennyMac Corp.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium or Make-Whole Amount, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable payable, as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.Article. ARTICLE FIFTEEN

Appears in 2 contracts

Samples: Indenture (JDN Realty Corp), Indenture (Capstone Turbine Corp)

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Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Debt Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Debt Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Debt Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities any but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Debt Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon Company Request request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.Article. ARTICLE FIFTEEN MEETINGS OF HOLDERS OF SECURITIES

Appears in 2 contracts

Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.0310.3, all money and U.S. Government Obligations (or other property as may be provided pursuant to Section 3.013.1) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 14.5, the “Trustee”) pursuant to Section 14.04 14.4 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 14.04 14.4 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 14.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (PVH Corp. /De/), Indenture (PVH Corp. /De/)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium or Make-Whole Amount, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such Outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.Article. ARTICLE FIFTEEN

Appears in 2 contracts

Samples: Indenture (Friedmans Management Corp), Indenture (Friedmans Management Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(1) has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will shall be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any related coupons. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.

Appears in 2 contracts

Samples: Indenture (Imax Corp), Indenture (Imax Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.0310.3, all money and Government Obligations (or other property as may be provided pursuant to Section 3.013.1) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 14.5, the “Trustee”) pursuant to Section 14.04 14.4 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent), to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.013.1, if, after a deposit referred to in Section 14.04(114.4(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(114.4(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(114.4(1) has been made, the indebtedness Indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Obligations deposited pursuant to Section 14.04 14.4 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 such SecuritiesOutstanding Securities and any related coupons; it being understood that the Trustee shall bear no responsibility for any such tax, fee or other charge that is imposed by law or for the account of Holders. The foregoing sentence shall survive the termination of this Indenture and the earlier resignation or removal of the Trustee. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 14.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Hologic Inc), Indenture (Hologic Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a the Trustee (or another other qualifying trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions (solely for purposes of this Article FourteenSection and Section 1306, the Trustee and any such other trustee are referred to collectively, for purposes of this Section 1305, as the “Trustee”) pursuant to Section 14.04 1304 in respect of the Securities of such Securities series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities of such series and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of the Securities of such Securities series, of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1304 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 such the Outstanding Securities. Anything in this Article Fourteen Thirteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants (or a nationally recognized investment banking firm or the principal financial officer of the Company, as appropriate) expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent legal defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.

Appears in 2 contracts

Samples: Indenture (PetroQuest Energy, L.L.C.), Indenture (PetroQuest Energy, L.L.C.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium or Make-Whole Amount, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such Outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.Article. ARTICLE FIFTEEN

Appears in 2 contracts

Samples: Indenture (Accredo Therapeutics Inc), Indenture (Accredo Therapeutics Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a Trustee the Trustees (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee—collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of any Outstanding Securities of such Securities series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Corporation acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (premium, premium (if any) , on), and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company Corporation shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such Outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company Corporation from time to time upon Company Corporation Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Fairfax Financial Holdings LTD/ Can), Indenture (Fairfax Financial Holdings LTD/ Can)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons as pertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Semco Capital Trust), Indenture (Semco Capital Trust Iii)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions of this Article Fourteen) pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due and Additional Amounts, if any, out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Connecticut Southern Railroad Inc), Indenture (Connecticut Southern Railroad Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a the Trustee (or another other qualifying trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions (solely for purposes of this Article FourteenSection and Section 1306, the Trustee and any such other trustee are referred to collectively, for purposes of this Section 1305, as the “Trustee”) pursuant to Section 14.04 1304 in respect of the Securities of such Securities series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities of such series and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuer acting as its own Paying Agent)) as the Trustee may determine, to the Holders of the Securities of such Securities series, of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company Issuer shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1304 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 such the Outstanding Securities. Anything in this Article Fourteen Thirteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company Issuer from time to time upon Company Issuer Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such Trustee, 1304 which are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.

Appears in 2 contracts

Samples: Indenture (BlackRock Inc.), Indenture (BlackRock Funding, Inc. /DE)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any, on) and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, such conversion shall be based on the applicable Market Exchange Rate for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the money or Government Obligations deposited pursuant to Section 14.04 1404 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 such Outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article. If, after the Company has made a deposit with the Trustee pursuant to Section 1404, the Trustee is unable to apply any money in accordance with Section 1405 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, then the Company’s obligations under this Indenture and the applicable Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 1404 until such time as the Trustee is permitted to apply all such money in accordance with this Article Fourteen; provided, however, that if the Company has made any payment of the principal of or interest on any series of Securities because of the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Securities to receive any such payment from the money held by the Trustee.

Appears in 2 contracts

Samples: Indenture (Main Street Capital CORP), Indenture (Main Street Capital CORP)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a the Trustee (or another other qualifying trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions (solely for purposes of this Article FourteenSection and Section 1306, the Trustee and any such other trustee are referred to collectively, for purposes of this Section 1305, as the "Trustee") pursuant to Section 14.04 1304 in respect of the Securities of such Securities series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities of such series and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of the Securities of such Securities series, of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1304 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 such the Outstanding Securities. Anything in this Article Fourteen Thirteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.

Appears in 2 contracts

Samples: Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions of this Article Fourteen) pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company PCS acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) ), interest and interest (Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, made (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (if any) on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate a commercially reasonable market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company PCS shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company PCS from time to time upon Company a PCS Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.accountants

Appears in 2 contracts

Samples: Indenture (Potash Corporation of Saskatchewan Inc), Indenture (Potash Corporation of Saskatchewan Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of such Outstanding Securities shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Corporation acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (premium, premium (if any) , on), and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company Corporation shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such Outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company Corporation from time to time upon Company Corporation Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants selected by the Corporation expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteenarticle.

Appears in 2 contracts

Samples: Indenture (Mosaic Co), Indenture (Mosaic Co)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 14.05, the “Trustee”) pursuant to Section 14.04 in respect of such any Outstanding Securities of any series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(114.04(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(114.04(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(114.04(a) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the money or Government Obligations deposited pursuant to Section 14.04 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 such Outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (TCP Capital Corp.), Indenture (TCP Capital Corp.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Developers Diversified Realty Corp), Indenture (Developers Diversified Realty Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium or Make-Whole Amount, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such Trustee against any tax, fee currency or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 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 such Securities. Anything in this Article Fourteen to the contrary notwithstanding, such Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.currency

Appears in 2 contracts

Samples: Indenture (Bay Apartment Communities Inc), Indenture (Trinet Corporate Realty Trust Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including as the Company acting as its own Paying Agent)Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium or Make-Whole Amount, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon the Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03903, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1305, the “Trustee”) pursuant to Section 14.04 1304 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent as the Trustee may determine (including other than, with respect only to defeasance pursuant to Section 1302, the Company acting as or any of its own Paying AgentAffiliates), to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11304(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11304(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11304(1) has been made, the indebtedness Indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1304 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 such SecuritiesOutstanding Securities and any related coupons. Anything in this Article Fourteen Thirteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon request of the Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (New Gold Inc. /FI), Trust Indenture (Osisko Gold Royalties LTD)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1505, the "Trustee") pursuant to Section 14.04 1504 in respect of such Outstanding Securities shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1504 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 such Outstanding Securities. Anything in this Article Fourteen Fifteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Company. Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1504 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Oneok Inc /New/), Indenture (Oneok Inc /New/)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003 hereof, all money Money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1205, the "Trustee") pursuant to Section 14.04 1204 in respect of such Securities the Outstanding Notes shall be held in trust and applied by such the Trustee, 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 its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities Notes of all sums due and to become due thereon in respect of principalprincipal and interest, premium (if any) and interest (if any) on such Securities but such money Money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1204 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 such Securitiesthe Outstanding Notes. Anything in this Article Fourteen Twelve to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money Money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1204 which, in the opinion of a nationally recognized firm of independent public accountants Independent Public Accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent legal defeasance or covenant defeasance, defeasance as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03903, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1305, the “Trustee”) pursuant to Section 14.04 1304 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent as the Trustee may determine (including other than, with respect only to defeasance pursuant to Section 1302, the Company acting as or any of its own Paying AgentAffiliates), to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11304(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11304(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11304(1) has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1304 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 such SecuritiesOutstanding Securities and any related coupons. Anything in this Article Fourteen Thirteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon request of the Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Field Trip Health Ltd.), Indenture (Fortuna Silver Mines Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a the Trustee (or another other qualifying trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions (solely for purposes of this Article FourteenSection and Section 13.06, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 14.04 13.04 in respect of the Securities of such Securities series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities of such series and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of the Securities of such Securities series, of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (if any) on such Securities and any Additional Amounts, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 13.04 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 such the Outstanding Securities. Anything in this Article Fourteen Thirteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 13.04 which, in the opinion of a nationally recognized firm of independent public accountants (or a nationally recognized investment banking firm or the principal financial officer of the Company, as appropriate) expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent legal defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.

Appears in 2 contracts

Samples: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such Outstanding Securities and any related coupons shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any related coupons and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any related coupons of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(1) has been made, the indebtedness represented by such Security and any related coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as timeas specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any related coupons. This sentence shall survive the termination of this Indenture and the earlier resignation or removal of the Trustee. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (BSC Capital Trust Iii), Indenture (BSC Capital Trust Iii)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a the Trustee (or another other qualifying trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions (solely for purposes of this Article FourteenSection and Section 13.06, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 14.04 13.04 in respect of the Securities of such Securities series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities of such series and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of the Securities of such Securities series, of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (if any) on such Securities and any Additional Amounts, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 13.04 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 such the Outstanding Securities. Anything in this Article Fourteen Thirteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 13.04 which, in the opinion of a nationally recognized firm of independent public accountants (or a nationally recognized investment banking firm or the principal financial officer of the Company, as appropriate) expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance Legal Defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenCovenant Defeasance.

Appears in 2 contracts

Samples: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1505, the “Trustee”) pursuant to Section 14.04 1504 in respect of such Outstanding Securities shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent), ) to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11504(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b313(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11504(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d313(d) or 3.12(e313(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11504(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1504 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 such Outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1504 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (AMC Networks Inc.), Indenture (WE TV Studios LLC)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions of this Article Fourteen) pursuant to Section 14.04 1404 in respect to any Outstanding Securities of such Securities any series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this IndentureSecurities, to the payment, either directly or through any Paying Agent (including the Company Issuer acting as its own Paying Agent), as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalthereon, premium (if any) and interest (if any) on such Securities but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company Issuer shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited deposit pursuant to Section 14.04 1404 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 such Outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company Issuer from time to time upon Company Issuer Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle. Any money or Government Obligations (or other property and any proceeds therefrom) held by the Trustee as provided in Section 1404 that remains after the payment of all amounts due the Holders of defeased Securities and all taxes, fees and charges as provided herein shall be delivered or paid by the Trustee to the Issuer.

Appears in 2 contracts

Samples: Indenture (Rait Investment Trust), Indenture (Rait Investment Trust)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of such Outstanding Securities shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Corporation acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day in the Place of Payment prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company Corporation shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such Outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company Corporation from time to time upon Company Corporation Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of of, a nationally recognized firm of independent public accountants expressed in a written certification thereof (evidenced by an Officer’s Certificate) delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Ovintiv Inc.), Indenture (Encana Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.0310.3, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a the Trustee or other qualifying trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions solely for purposes of this Article FourteenSection and Section 13.5, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 14.04 13.3 in respect of such the Securities of any Defeasible Series shall be held in trust and applied by such the Trustee, in accordance with the provisions of the Securities of such Securities series and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of Securities of such Securities series, of all sums due and to become due thereon in respect of principalprincipal and any premium and interest, premium (if any) and interest (if any) on such Securities but such money so held in trust need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect law [IF APPLICABLE, INSERT -- and shall not be subject to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment claims of the principal of, premium (if any) and interest (if any) on such Security as they become due out holders of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. Senior Indebtedness.] The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 13.3 or the principal and interest received in respect thereof other than any such tax, fee or other charge which that by law is for the account of the Holders of such Outstanding Securities. Anything Notwithstanding anything in this Article Fourteen 13 to the contrary notwithstandingcontrary, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 which13.3 with respect to Securities of any Defeasible Series that, in the opinion of a nationally recognized firm of independent public accountants or chartered accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance Covenant Defeasance with this Article Fourteenrespect to the Securities of such series.

Appears in 2 contracts

Samples: Indenture (Golden Star Resources LTD), Indenture (Stillwater Mining Co /De/)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 14.05, the “Trustee”) pursuant to Section 14.04 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(114.04(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(114.04(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(114.04(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the money or Government Obligations deposited pursuant to Section 14.04 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee—collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of any Outstanding Securities of such Securities series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee on an after-tax basis against any tax, fee or other charge imposed on or assessed against the money or Government Obligations deposited pursuant to Section 14.04 1404 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 such Outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Chemtura CORP), Indenture (HomeCare Labs, Inc.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions of this Article Fourteen) pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01, if, after a deposit referred to in Section 14.04(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(1) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of, premium (if any) and interest (if any) on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article Fourteen.Article. ARTICLE FIFTEEN

Appears in 2 contracts

Samples: Indenture (Pseg Energy Holdings Inc), Indenture (Pseg Fossil LLC)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Level 3 Communications Inc), Indenture (Pep Boys Manny Moe & Jack)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031103, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1505, the “Trustee”) pursuant to Section 14.04 1504 in respect of such any Outstanding Securities of any series, any coupons appertaining thereto and any related Guarantee shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities Securities, any coupons appertaining thereto and any related Guarantee and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuer acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities Securities, any coupons appertaining thereto and any related Guarantee of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11504(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11504(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11504(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company Issuer shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1504 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 such Outstanding Securities, any coupons appertaining thereto and any related Guarantee. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 707, the Trustee shall deliver or pay to the Company Issuer from time to time upon Company Issuer Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1504 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Kimco Realty OP, LLC), Fourth Supplemental Indenture (Kimco Realty Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (and Additional Amounts, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Money and Government Obligations (including the proceeds thereof) so held in trust shall not be subject to the provisions of Article Seventeen, provided that the applicable conditions of Section 1404 have been satisfied. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium or Make-Whole Amount, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (Delphi Financial Group Inc/De)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Debt Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Debt Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including other than the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Debt Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Debt Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Debt Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Debt Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Debt Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any) ), and interest (interest, if any) , on such Debt Security as they become it becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Debt Security into the Currency currency or currency unit in which such Debt Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate on (x) in the case of payments made pursuant to clause (a) above, the applicable market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, or (y) with respect to a Conversion Event, the applicable market exchange rate for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Debt Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the “Trustee”) pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal (and premium, premium (if any) and interest (interest, if any) on such Securities , but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b312(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d312(d) or 3.12(e312(e) or by the terms of any Security in respect of which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium, premium (if any, on) and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, such conversion shall be based on the applicable Market Exchange Rate for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the money or Government Obligations deposited pursuant to Section 14.04 1404 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 or the beneficial owners of such Outstanding Securities. Anything in this Article Fourteen to the contrary notwithstanding, such the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Terra Property Trust, Inc.), Indenture (Terra Property Trust, Inc.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.031003, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01301) (including the proceeds thereof) deposited with a the Trustee (or another trustee satisfying the requirements of Section 6.08 who shall agree to comply with the provisions other qualifying trustee, collectively for purposes of this Article FourteenSection 1405, the "Trustee") pursuant to Section 14.04 1404 in respect of such any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by such the Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent)) as the Trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principalprincipal (and premium or Make-Whole Amount, premium (if any) and interest (if any) on such Securities interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.01301, if, after a deposit referred to in Section 14.04(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 14.04(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 14.04(11404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal ofof (and premium or Make-Whole Amount, premium (if any) ), and interest (interest, if any) , on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify such the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 14.04 1404 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 such SecuritiesOutstanding Securities and any coupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, such subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 14.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to such the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article FourteenArticle.

Appears in 2 contracts

Samples: Indenture (Avalonbay Communities Inc), Indenture (Trinet Corporate Realty Trust Inc)

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