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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 Section 12.04, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively for purposes of this Section 13.05, the “Trustee”) pursuant to Section 13.04 in respect of the Outstanding Securities of a particular series shall be held in trust and applied by 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 principal, premium, if any, interest and Additional Amounts, if any, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 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 the Outstanding Securities of such series. Anything in this Article Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, any money or Government Obligations held by it as provided in Section 13.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money or Government Obligations were deposited.

Appears in 16 contracts

Samples: Indenture (Accenture PLC), Indenture (Accenture Global Capital DAC), Indenture (Accenture Global Capital DAC)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of Section 12.048.07 hereof, all money and United States Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — trustee, collectively for purposes of this Section 13.058.06, the "Trustee") pursuant to Section 13.04 8.05 hereof in respect of the Outstanding Securities of a particular series outstanding Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any paying agent Paying Agent (including the Company Issuer acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities Notes of all sums due and to become due thereon in respect of principal, premium, if any, interest and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company Issuer shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations cash or securities deposited pursuant to Section 13.04 8.05 hereof or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such seriesoutstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company Issuer from time to time upon the request of the Company, Issuer any money or Government Obligations securities held by it as provided in Section 13.04 8.05 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.05(a) hereof), are in excess of the amount thereof which that would then be required to be deposited for the purpose for which such money to effect an equivalent Legal Defeasance or Government Obligations were depositedCovenant Defeasance.

Appears in 8 contracts

Samples: Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of Section 12.048.06, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — trustee, collectively for purposes of this Section 13.058.05, the “Trustee”) pursuant to Section 13.04 8.04 in respect of the Outstanding Securities of a particular series outstanding Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any paying agent Paying Agent (including the Company Issuer, Holdings or a Note Guarantor acting as its own paying agentPaying 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 principal, premium, if any, interest premium and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company Issuers shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Obligations deposited pursuant to Section 13.04 8.04 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such seriesoutstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company Issuers from time to time upon the request of the Company, Issuers any money or Government Obligations held by it as provided in Section 13.04 8.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.04(1)), are in excess of the amount thereof which that would then be required to be deposited for the purpose for which such money to effect an equivalent Legal Defeasance or Government Obligations were depositedCovenant Defeasance.

Appears in 8 contracts

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

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. (a) Subject to the provisions of Section 12.048.04, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively for purposes of this Section 13.05, the “Trustee”) pursuant to Section 13.04 8.02 in respect of the Outstanding Securities of a particular series outstanding Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any paying agent Paying Agent (including the Company acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities Notes of all sums due and to become due thereon in respect of principal, premium, if any, interest and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. . (b) The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the money or U.S. Government Obligations deposited pursuant to Section 13.04 8.02 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such series. outstanding Notes. (c) Anything in this Article Thirteen Eight to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company, Company any money or U.S. Government Obligations held by it as provided in Section 13.04 8.02 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee at the expense of the Company (which may be the opinion delivered under Section 8.02(a)), are in excess of the amount thereof which that would then be required to be deposited for the purpose for which such money to effect an equivalent legal defeasance option or Government Obligations were depositedcovenant defeasance option.

Appears in 5 contracts

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

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of Section 12.048.06 hereof, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — trustee, collectively for purposes of this Section 13.058.05, the “Trustee”) pursuant to Section 13.04 8.04 hereof in respect of the Outstanding Securities of a particular series outstanding Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any paying agent Paying Agent (including the Company Issuer, Holdings or a Note Guarantor acting as its own paying agentPaying 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 principal, premium, if any, interest premium and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company Issuer shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Obligations deposited pursuant to Section 13.04 8.04 hereof or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such seriesoutstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company Issuer from time to time upon the request of the Company, Issuer any money or Government Obligations held by it as provided in Section 13.04 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited for the purpose for which such money to effect an equivalent Legal Defeasance or Government Obligations were depositedCovenant Defeasance.

Appears in 3 contracts

Samples: Indenture (Domus Holdings Corp), Indenture (Domus Holdings Corp), Indenture (Realogy Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of Section 12.04, all All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — trustee, collectively for purposes of this Section 13.054.5, the “Trustee”) pursuant to Section 13.04 4.4 in respect of the Outstanding Securities of a particular series Notes then outstanding shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities the Notes, and this the Indenture, to the payment, either directly or through any paying agent Paying Agent (including the Company acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities the Notes of all sums due and to become due thereon in respect of principal, and premium, if any, interest and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 13.04 4.4 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such seriesNotes then outstanding. Anything in this Article Thirteen IV to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company any money or U.S. Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 13.04 4.4 which, in the opinion of a nationally recognized firm of independent public accountants or investment bank expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect a defeasance or Government Obligations were depositedcovenant defeasance, as applicable, in accordance with this Article IV.

Appears in 3 contracts

Samples: Third Supplemental Indenture (Retail Opportunity Investments Partnership, LP), Supplemental Indenture (Retail Opportunity Investments Partnership, LP), Supplemental Indenture (Retail Opportunity Investments Partnership, LP)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of Section 12.048.06 hereof, all money and non-callable Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — trustee, collectively for purposes of this Section 13.058.05, the “Trustee”) pursuant to Section 13.04 8.04 hereof in respect of the Outstanding Securities of a particular series outstanding Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any paying agent Paying Agent (including the Company acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities Notes of all sums due and to become due thereon in respect of principalprincipal amount, premium, if any, interest and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Obligations deposited pursuant to Section 13.04 8.04 hereof or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such seriesoutstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company, Company any money or non-callable Government Obligations held by it as provided in Section 13.04 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited for the purpose for which such money to effect an equivalent Legal Defeasance or Government Obligations were depositedCovenant Defeasance.

Appears in 3 contracts

Samples: Indenture (Daramic, LLC), Indenture (Polypore International, Inc.), Indenture (Polypore International, Inc.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of Section 12.0413.07 hereof, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — Trustee, collectively for purposes of this Section 13.0513.06 only, the “Trustee”) pursuant to Section 13.04 hereof in respect of the Outstanding Securities of a particular the applicable series shall be held in trust and applied by 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 other than the Company acting as its own paying agentCompany) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal or Redemption Price of, premiumand interest on, if anysuch Securities, interest and Additional Amounts, if any, but provided that such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations deposited pursuant to Section 13.04 hereof or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the such Outstanding Securities of such series. Anything in this Article Thirteen XIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the written request of the Company, Company any money or U.S. Government Obligations held by it as provided in Section 13.04 hereof which, in the opinion of of, or based on a certificate or representation of, a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which that would then be required to be deposited for the purpose for which such money to effect an equivalent Legal Defeasance or Government Obligations were depositedCovenant Defeasance.

Appears in 3 contracts

Samples: Indenture, Indenture, Indenture

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 12.0410.2 (Redemption at the Company’s Option), all money Dollars and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively (collectively, for purposes of this Section 13.0511.5, the Trustee) pursuant to Section 13.04 11.4 (Conditions to Defeasance or Covenant Defeasance) in respect of the Outstanding Securities of a particular series Notes shall be held in trust and applied by 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) 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 principal, principal (and premium, if any, interest ) and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Dollars or the Government Obligations deposited with the Trustee pursuant to Section 13.04 11.4 (Conditions to Defeasance or Covenant Defeasance) or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such seriesNotes. Anything in this Article Thirteen 11 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money Dollars or Government Obligations held by it as provided in Section 13.04 11.4 (Conditions to Defeasance or Covenant Defeasance) which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent defeasance or Government Obligations were depositedcovenant defeasance.

Appears in 3 contracts

Samples: Indenture (Edenor), Indenture (Edenor), Indenture (Edenor)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of Section 12.048.06 hereof, all money and Government Obligations Securities (including the any proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively for purposes of this Section 13.05, the “Trustee”) pursuant to Section 13.04 8.04 hereof in respect of the Outstanding Securities Notes of a particular series the Series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any paying agent Paying Agent (including the Company acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities Notes of all sums due and to become due thereon in respect of principal, premium, if any, interest and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company and Guarantors shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Obligations Securities deposited pursuant to Section 13.04 8.04 hereof or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities Notes of such seriesthat Series. Anything in this Article Thirteen VIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company, Company any money or Government Obligations Securities held by it as provided in Section 13.04 which8.04 hereof that, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited for the purpose for which such money to effect an equivalent Legal Defeasance or Government Obligations were depositedCovenant Defeasance.

Appears in 3 contracts

Samples: Indenture (Glatfelter Corp), Indenture (Vista Outdoor Inc.), Indenture (Vista Outdoor Inc.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last two paragraphs of Section 12.0410.03, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively -- collectively, for purposes of this Section 13.05Section, the "Trustee") pursuant to Section 13.04 12.04 in respect of the Outstanding Securities of a particular series Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any paying agent Paying Agent (but not including the Company acting as its own paying agentPaying 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 principal, premium, if any, interest and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 12.04 or the principal principal, premium, if any, and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such seriesOutstanding. Anything in this Article Thirteen 12 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations held by it as provided in Section 13.04 12.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent defeasance or Government Obligations were depositedcovenant defeasance.

Appears in 2 contracts

Samples: Indenture (Fiserv Inc), Indenture (Fiserv Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. (a) Subject to the provisions of Section 12.048.04, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively for purposes of this Section 13.05, the “Trustee”) pursuant to Section 13.04 8.02 in respect of the Outstanding Securities outstanding Notes of a particular series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any paying agent Paying Agent (including the Company acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities Notes of all sums due and to become due thereon in respect of principal, premium, if any, interest and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. . (b) The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the money or U.S. Government Obligations deposited pursuant to Section 13.04 8.02 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such series. outstanding Notes. (c) Anything in this Article Thirteen Eight to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company, Company any money or U.S. Government Obligations held by it as provided in Section 13.04 8.02 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee at the expense of the Company (which may be the opinion delivered under Section 8.02(a)), are in excess of the amount thereof which that would then be required to be deposited for the purpose for which such money to effect an equivalent legal defeasance option or Government Obligations were depositedcovenant defeasance option.

Appears in 2 contracts

Samples: Indenture (Qorvo, Inc.), Indenture (Aecom Technology Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of Section 12.048.06 hereof, all money and money, Government Obligations Securities (including the any proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively for purposes of this Section 13.05, the “Trustee”) pursuant to Section 13.04 8.04 hereof in respect of the Outstanding Securities of a particular series Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any paying agent Paying Agent (including the Company acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities the Notes of all sums due and to become due thereon in respect of principal, premium, if any, interest and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company and Guarantors shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash, Government Obligations Securities deposited pursuant to Section 13.04 8.04 hereof or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such seriesNotes. Anything in this Article Thirteen VIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the CompanyCompany any money, any money or Government Securities Obligations held by it as provided in Section 13.04 which8.04 hereof that, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of Trustee (which may be the amount thereof which would then be required to be deposited for the purpose for which such money or Government Obligations were deposited.opinion delivered under Section

Appears in 2 contracts

Samples: Indenture (Valvoline Inc), Indenture (Ashland Inc.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 12.041003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — trustee, collectively for purposes of this Section 13.051405, the "Trustee") pursuant to Section 13.04 1404 in respect of the any Outstanding Securities Notes of a particular any series shall be held in trust and applied by 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) 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 principal, premiumprincipal (and premium or Make-Whole Amount, if any, ) and interest and Additional Amounts, if any, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 1404 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the such Outstanding Securities of such seriesNotes. Anything in this Article Thirteen to the contrary notwithstanding, subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 13.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect a defeasance or Government Obligations were depositedcovenant defeasance, as applicable, in accordance with this Article.

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 Section 12.0414.06, all money and non-callable Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — trustee, collectively for purposes of this Section 13.0514.05, the “Trustee”) pursuant to Section 13.04 14.04 in respect of the Outstanding Securities of a particular series shall outstanding Notes will be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any paying agent Paying Agent (including the Company Issuer acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities Notes of all sums due and to become due thereon in respect of principal, premiumpremium and Additional Interest, if any, interest and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company shall Issuer will pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Obligations deposited pursuant to Section 13.04 14.04 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such seriesoutstanding Notes. Anything Notwithstanding anything in this Article Thirteen 14 to the contrary notwithstandingcontrary, the Trustee shall will deliver or pay to the Company Issuer from time to time upon the request of the Company, Issuer any money or non-callable Government Obligations held by it as provided in Section 13.04 8.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the Opinion of Counsel delivered under Section 14.04(b)), are in excess of the amount thereof which that would then be required to be deposited for the purpose for which such money to effect an equivalent Legal Defeasance or Government Obligations were depositedCovenant Defeasance.

Appears in 2 contracts

Samples: Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 12.0410.03, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively (solely for purposes of this Section 13.0513.05 and Section 13.06, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 13.04 in respect of the Outstanding Securities of a particular such series shall be held in trust and applied by 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 Paying Agent (including the Company acting as its own paying agentPaying 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 principal, principal (and premium, if any, ) and interest and any Additional Amounts, if any, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such seriesSecurities. Anything in this Article Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations held by it as provided in Section 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 the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent legal defeasance or Government Obligations were depositedcovenant defeasance.

Appears in 2 contracts

Samples: Indenture Agreement (GMX Resources Inc), Indenture (GMX Resources Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of Section 12.041003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively Trustee--collectively, for purposes of this Section 13.051305, the "Trustee") pursuant to Section 13.04 1304 in respect of the Outstanding Securities of a particular such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any paying agent a Paying Agent (including the Company acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities Securities, of all sums due and to become due thereon in respect of principal, premium, if any, interest principal and Additional Amounts, if anyany premium and interest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 1304 or the principal and any premium and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such series. Anything in this Article Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations held by it as provided in Section 13.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent defeasance or Government Obligations were depositedcovenant defeasance.

Appears in 2 contracts

Samples: Indenture (Carlisle Companies Inc), Indenture (Carlisle Companies Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 12.04903, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — trustee, collectively for purposes of this Section 13.05Section, the “Trustee”) pursuant to Section 13.04 1104 in respect of the any Outstanding Securities of a particular series shall be held in trust and applied by 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 acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principal, principal (and premium, if any, interest ) and Additional Amountsinterest, if any, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the money or Government Obligations deposited pursuant to Section 13.04 1104 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the such Outstanding Securities of such seriesSecurities. Anything in this Article Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 13.04 1104 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect a defeasance or covenant defeasance, as applicable, in accordance with this Article. This Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Indenture. The exchange of copies of this Indenture and of signature pages my facsimile, PDF transmission, email or other electronic means shall constitute effective execution and delivery of the Indenture for all purposes. Signatures of the purpose parties hereto transmitted by facsimile, PDF transmission, email or other electronic means shall be deemed to be their original signatures for which such money or Government Obligations were depositedall purposes.

Appears in 2 contracts

Samples: Indenture (WhiteHorse Finance, Inc.), Indenture (WhiteHorse Finance, Inc.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 12.041003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — trustee, collectively for purposes of this Section 13.051405, the “Trustee”) pursuant to Section 13.04 1404 in respect of the any Outstanding Securities Notes of a particular any series shall be held in trust and applied by 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) 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 principal, premiumprincipal (and premium or Make-Whole Amount, if any, ) and interest and Additional Amounts, if any, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 1404 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the such Outstanding Securities of such seriesNotes. Anything in this Article Thirteen to the contrary notwithstanding, subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 13.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect a defeasance or Government Obligations were depositedcovenant defeasance, as applicable, in accordance with this Article.

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 Section 12.04the last paragraph of SECTION 1003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively (solely for purposes of this Section 13.05and SECTION 1306, the “Trustee”Trustee and any such other trustee are referred to collectively, for purposes of this SECTION 1305, as the "TRUSTEE") pursuant to Section 13.04 SECTION 1304 in respect of the Outstanding Securities of a particular such series shall be held in trust and applied by 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 Paying Agent (including the Company acting as its own paying agentPaying 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 principal, principal (and premium, if any, interest ) and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 SECTION 1304 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such seriesSecurities. Anything in this Article Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations held by it as provided in Section 13.04 SECTION 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 the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent legal defeasance or Government Obligations were depositedcovenant defeasance.

Appears in 2 contracts

Samples: Indenture (Encysive, L.P.), Indenture (Mission E&p 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 12.0410.03, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively (solely for purposes of this Section 13.05and Section 12.06, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 13.04 12.04 in respect of the Outstanding Securities of a particular series Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities the Notes and this Indenture, to the payment, either directly or through any paying agent such Paying Agent (including the Company acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities the Notes, of all sums due and to become due thereon in respect of principal, premium, if any, interest principal and Additional Amounts, if anyinterest, but such money so held in trust need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 12.04 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such seriesNotes. Anything in this Article Thirteen Twelve to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations held by it as provided in Section 13.04 12.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for to effect the purpose for which such money Defeasance or Government Obligations were depositedCovenant Defeasance, as the case may be, with respect to the Notes.

Appears in 2 contracts

Samples: Indenture (Selective Insurance Group Inc), Indenture (Selective Insurance Group Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of Section 12.041003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively trustee, collectively, for purposes of this Section 13.05Section, the "Trustee") pursuant to Section 13.04 1204 in respect of the Outstanding Securities of a particular series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Series of Securities and this Indenture, to the payment, either directly or through any paying agent Paying Agent (including the Company acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders holders of such Securities Securities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, interest ) and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 1204 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the applicable Series of Outstanding Securities of Securities; provided, however, that the Company shall pay such seriesAdditional Amounts as may be necessary to ensure that amounts received by the Holders after such withholding shall equal the principal, interest and premium, if any, they would have received absent such withholding or deduction. Anything in this Article Thirteen Twelve to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations held by it as provided in Section 13.04 1204 which, in the opinion of a nationally an internationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent defeasance or Government Obligations were depositedcovenant defeasance.

Appears in 1 contract

Samples: Indenture (Perez Companc Sa)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 12.0410.3, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively collectively, for purposes of this Section 13.0513.5, the “Trustee”) pursuant to Section 13.04 13.4 in respect of the Outstanding Securities of a particular such series shall be held in trust and applied by 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 (but not including the Company acting as its own paying agent) as the Trustee may determinePaying Agent), to the Holders of such Securities Securities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and interest and Additional Amounts, if any, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the money or Government Obligations deposited pursuant to Section 13.04 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 the Outstanding Securities of such series. Anything in this Article Thirteen herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations held by it as provided in Section 13.04 13.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent defeasance or Government Obligations were depositedcovenant defeasance.

Appears in 1 contract

Samples: Indenture (Abbott Laboratories)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 12.041003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively (solely for purposes of this Section 13.05and 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 13.04 1304 in respect of the Outstanding Securities of a particular series shall be held in trust and applied by 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 acting as its own paying agentPaying Agent or the Guarantor acting as Paying Agent) as the Trustee may determine, to the Holders of such Securities the Securities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, interest ) and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company and the Guarantor (without duplication) shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 1304 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such seriesSecurities. Anything in this Article Thirteen XIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request or any money or Government Obligations held by it as provided in Section 13.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent defeasance or Government Obligations were depositedcovenant defeasance.

Appears in 1 contract

Samples: Indenture (Cme 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 12.041003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee collectively for purposes of this Section 13.051305, the “Trustee”) pursuant to Section 13.04 1304 in respect of the Outstanding Securities of a particular series shall be held in trust and applied by 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 acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principal, principal (and premium, if any, interest ) and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 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 the Outstanding Securities of such series. Anything in this Article Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations held by it as provided in Section 13.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money or Government Obligations were deposited. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Samples: Indenture (Synergetics Usa Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 12.0410.3, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively trustee--collectively, for purposes of for this Section 13.0513.5, the "Trustee") pursuant to Section 13.04 13.4 in respect of the Outstanding Securities of a particular such series shall be held in trust and applied by 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 (but not including the Company acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities Securities, of all sums due and to become due thereon in respect of principal, premium, if any, interest and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee fee, or other charge imposed on or assessed against the money or Government Obligations deposited pursuant to Section 13.04 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 the Outstanding Securities of such series. Anything in this Article Thirteen herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations held by it as provided in Section 13.04 13.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent defeasance or Government Obligations were depositedcovenant defeasance.

Appears in 1 contract

Samples: Indenture (Willamette Industries Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 12.041003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — trustee, collectively for purposes of this Section 13.051405, the "Trustee") pursuant to Section 13.04 1404 in respect of the such Outstanding Securities of a particular series Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any paying agent Paying Agent (including the Company acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities Notes of all sums due and to become due thereon in respect of principal, principal (and premium, if any, interest ) and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 1404 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the such Outstanding Securities of such seriesNotes. Anything in this Article Thirteen Fourteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 13.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent defeasance or Government Obligations were depositedcovenant defeasance, as applicable, in accordance with this Article.

Appears in 1 contract

Samples: Indenture (Borg Warner Security Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 12.041003 hereof, all money Money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — trustee, collectively for purposes of this Section 13.051205, the "Trustee") pursuant to Section 13.04 1204 in respect of the Outstanding Securities of a particular series Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any paying agent Paying Agent (including the Company acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities Notes of all sums due and to become due thereon in respect of principal, premium, if any, interest and Additional Amounts, if anyinterest, but such money Money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 1204 hereof or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such seriesNotes. Anything in this Article Thirteen Twelve to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money Money or Government Obligations held by it as provided in Section 13.04 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 the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent legal defeasance or Government Obligations were depositedcovenant defeasance as applicable, in accordance with this Article.

Appears in 1 contract

Samples: 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 12.041003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — trustee, collectively for purposes of this Section 13.051205, the "Trustee") pursuant to Section 13.04 1204 in respect of the Outstanding Securities of a particular series outstanding Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any paying agent Paying Agent (including the Company acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities Notes of all sums due and to become due thereon in respect of principal, principal (and premium, if any, interest ) and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 1204 or the principal and interest received in respect thereof, other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such series. Anything in this Article Thirteen Twelve to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations held by it as provided in Section 13.04 1204 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent legal defeasance or Government Obligations were depositedcovenant defeasance, as applicable, in accordance with this Article.

Appears in 1 contract

Samples: Indenture (Flag Telecom Holdings LTD)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of Section 12.0410.03, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively Trustee--collectively, for purposes of this Section 13.05, the "Trustee") pursuant to Section 13.04 in respect of the Outstanding Securities of a particular such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any paying agent a Paying Agent (including the Company acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities Securities, of all sums due and to become due thereon in respect of principal, premium, if any, interest principal and Additional Amounts, if anyany premium and interest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 or the principal and any premium and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such series. Anything in this Article Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations held by it as provided in Section 13.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent defeasance or Government Obligations were depositedcovenant defeasance.

Appears in 1 contract

Samples: Indenture (Contifinancial Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of Section 12.04, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively for purposes of this Section 13.05, the “Trustee”) pursuant to Section 13.04 in respect of the Outstanding Securities of a particular series shall be held in trust and applied by 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 Companies acting as its their 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 principal, premium, if any, interest and Additional Amounts, if any, but such money need not be segregated from other funds except to the extent required by law. The Company Companies shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 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 the Outstanding Securities of such series. Anything in this Article Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company Companies from time to time upon request of the CompanyCompanies, any money or Government Obligations held by it as provided in Section 13.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money or Government Obligations were deposited.

Appears in 1 contract

Samples: Indenture (Accenture Global Capital DAC)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last two paragraphs of Section 12.0410.03, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively -- collectively, for purposes of this Section 13.05Section, the "Trustee") pursuant to Section 13.04 in respect of the Outstanding Securities Notes of a particular such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any paying agent Paying Agent (but not including the Company acting as its own paying agentPaying 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 principal, premium, if any, principal and interest and Additional Amounts, if any, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities Notes of such series. Anything in this Article Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations held by it as provided in Section 13.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent defeasance or Government Obligations were depositedcovenant defeasance.

Appears in 1 contract

Samples: Indenture (American Freightways Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 12.0410.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with the a Trustee (or other qualifying trustee — collectively for purposes of this Section 13.05, the “Trustee”) pursuant to Section 13.04 14.04 in respect of the such Outstanding Securities of a particular series and any related coupons shall be held in trust and applied by the 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 Paying Agent (including the Company acting as its own paying agentPaying Agent) as the 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 principal, principal (and premium, if any, interest ) and Additional Amountsinterest, if any, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the such Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 14.04 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the such Outstanding Securities of such seriesand any related coupons. Anything in this Article Thirteen to the contrary notwithstanding, the such Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 13.04 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the such Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent defeasance or Government Obligations were depositedcovenant defeasance, as applicable, in accordance with this Article.

Appears in 1 contract

Samples: 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 12.0410.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3.01) (including the proceeds thereof) deposited with the a Trustee (or other qualifying trustee — collectively for purposes of this Section 13.05, the “Trustee”) pursuant to Section 13.04 14.04 in respect of the such Outstanding Securities of a particular series shall be held in trust and applied by the such 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 acting as its own paying agentPaying Agent) as the such Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principal, principal (and premium, if any, interest ) and Additional Amountsinterest, if any, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the such Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 14.04 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the such Outstanding Securities of such seriesSecurities. Anything in this Article Thirteen to the contrary notwithstanding, the such Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 13.04 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the such Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent defeasance or Government Obligations were depositedcovenant defeasance, as applicable, in accordance with this Article.

Appears in 1 contract

Samples: 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 12.041003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — trustee, collectively for purposes of this Section 13.051405, the “Trustee”) pursuant to Section 13.04 1404 in respect of the any Outstanding Securities of a particular such series shall be held in trust and applied by 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 acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principal, principal (and premium, if any, interest ) and Additional Amountsinterest, if any, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 1404 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the such Outstanding Securities of such seriesSecurities. Anything in this Article Thirteen Fourteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 13.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent defeasance or Government Obligations were depositedcovenant defeasance, as applicable, in accordance with this Article.

Appears in 1 contract

Samples: Indenture (Eaton Corp PLC)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. (a) Subject to the provisions of Section 12.048.04, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively for purposes of this Section 13.05, the “Trustee”) pursuant to Section 13.04 8.02 in respect of the Outstanding Securities of a particular series outstanding Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any paying agent Paying Agent (including the Company acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities Notes of all sums due and to become due thereon in respect of principal, premium, if any, interest and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. . (b) The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the money or U.S. Government Obligations deposited pursuant to Section 13.04 8.02 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such series. outstanding Notes. (c) Anything in this Article Thirteen Eight to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company, Company any money or U.S. Government Obligations held by it as provided in Section 13.04 8.02 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.02(a)), are in excess of the amount thereof which that would then be required to be deposited for the purpose for which such money to effect an equivalent legal defeasance option or Government Obligations were depositedcovenant defeasance option.

Appears in 1 contract

Samples: Indenture (Orbital Atk, Inc.)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 12.041003 hereof, all money Money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — trustee, collectively for purposes of this Section 13.051205, the "Trustee") pursuant to Section 13.04 1204 in respect of the Outstanding Securities of a particular series Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any paying agent Paying Agent (including the Company acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities Notes of all sums due and to become due thereon in respect of principal, principal (and premium, if any, interest ) and Additional Amounts, if anyinterest, but such money Money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 1204 hereof or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such seriesNotes. Anything in this Article Thirteen Twelve to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money Money or Government Obligations held by it as provided in Section 13.04 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 the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent legal defeasance or Government Obligations were depositedcovenant defeasance as applicable, in accordance with this Article.

Appears in 1 contract

Samples: Indenture (Callon Petroleum Co)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of Section 12.04, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively for purposes of this Section 13.05, the “Trustee”) pursuant to Section 13.04 in respect of the Outstanding Securities of a particular series shall be held in trust and applied by 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 principal, principal (and premium, if any), interest and Additional Amounts, if any, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 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 the Outstanding Securities of such series. Anything in this Article Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company request of the Company, any money or Government Obligations held by it as provided in Section 13.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money or Government Obligations were deposited.

Appears in 1 contract

Samples: Indenture (Aon Corp)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 12.041003 of this Indenture, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee — collectively for purposes of this Section 13.05, the “Trustee”) pursuant to Section 13.04 1404 in respect of the Outstanding Securities of a particular series Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any paying agent Paying Agent (including the Company acting as its own paying agentPaying Agent) as the Trustee may determine, to the Holders of such Securities Notes of all sums due and to become due thereon in respect of principal, principal (and premium, if any, interest ) and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee on an after tax basis against any tax, fee or other charge imposed on or assessed against the cash or Government Obligations deposited pursuant to Section 13.04 1404 or the principal and interest received in respect thereof, thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such seriesNotes. Anything in this Article Thirteen Fourteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon request of the Company, Company Request any money or Government Obligations held by it as provided in Section 13.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 1404(i)), are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money to effect an equivalent defeasance or Government Obligations were depositedcovenant defeasance.

Appears in 1 contract

Samples: First Supplemental Indenture (Biovail Corp International)