Deposited Money and Government Obligations to Be Held in Trust. Subject to the provisions of the last paragraph of Section 1003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 1304 in respect of any Securities 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 and any premium, and interest, but such money so held 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 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 Outstanding Securities. Anything in this Article to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations held by it as provided in Section 1304 with respect to any Securities 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 Defeasance or Covenant Defeasance, as the case may be, with respect to such Securities.
Appears in 2 contracts
Samples: Indenture (Pfizer Inc), Indenture (Pfizer Inc)
Deposited Money and Government Obligations to Be Held in Trust. Subject to the provisions of the last paragraph of Section 100310.9, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee--collectively for purposes of this Section 13.5, the "Trustee") pursuant to Section 1304 13.4 in respect of any 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, Securities of all sums due and to become due thereon in respect of principal (and any premium, if any) and interest, but such money so held 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 1304 13.4 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 SecuritiesSecurities of such series. Anything in this Article to the contrary notwithstanding, the Trustee shall deliver or to pay to the Company from time to time upon Company Request any money or Government Obligations held by it as provided in Section 1304 with respect to any Securities 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 to effect Defeasance for the purpose for which such money or Covenant Defeasance, as the case may be, with respect to such SecuritiesGovernment Obligations were deposited.
Appears in 2 contracts
Samples: Subordinated Debt Indenture (Adelphia Communications Corp), Senior Debt Indenture (Adelphia Communications Corp)
Deposited Money and Government Obligations to Be Held in Trust. Subject to the provisions of the last paragraph of Section 10039.3, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 1304 4.6 in respect of any Securities Notes of 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) 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 and any principal, premium, if any, and interest, if any, but such money so held 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 charge, cost or expense imposed on or assessed against the money or non-callable Government Obligations deposited pursuant to Section 1304 4.7 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of Outstanding Securitiesthereof. Anything in this Article herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations held by it as provided in this Section 1304 with respect to any Securities 4.7 which, in the opinion of a nationally recognized firm of independent public accountants satisfactory to the Trustee (including, without limitation, compliance with any applicable Financial Accounting Standards Board or Commission pronouncements, rules and regulations and computations set forth therein) 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 Defeasance an equivalent defeasance or Covenant Defeasance, as the case may be, with respect to such Securitiescovenant defeasance.
Appears in 2 contracts
Samples: Indenture (Mesa Air New York, Inc.), Indenture (Mesa Air New York, Inc.)
Deposited Money and Government Obligations to Be Held in Trust. Subject to the provisions of the last paragraph of Section 10039.3, all money and non-callable Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 1304 4.6 in respect of any Securities 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) 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 and any principal, premium, if any, and interest, if any, but such money so held 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 charge, cost or expenses imposed on or assessed against the money or non-callable Government Obligations deposited pursuant to Section 1304 4.7 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of Outstanding Securitiesthereof. Anything in this Article herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or non-callable Government Obligations held by it as provided in this Section 1304 with respect to any Securities 4.7 which, in the opinion of a nationally recognized firm of independent public accountants satisfactory to the Trustee (including, without limitation, compliance with any applicable Financial Accounting Standards Board or Commission pronouncements, rules and regulations and computations set forth therein) 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 Defeasance an equivalent defeasance or Covenant Defeasance, as the case may be, with respect to such Securitiescovenant defeasance.
Appears in 2 contracts
Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/)
Deposited Money and Government Obligations to Be Held in Trust. Subject to the provisions of the last paragraph of Section 100310.09, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee--collectively for purposes of this Section 15.05, the "Trustee") pursuant to Section 1304 15.04 in respect of any 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, Securities of all sums due and to become due thereon in respect of principal (and any premium, if any) and interest, but such money so held 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 1304 15.04 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 SecuritiesSecurities of such series. Anything in this Article to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations held by it as provided in Section 1304 with respect to any Securities 15.04 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 to effect Defeasance for the purpose for which such money or Covenant Defeasance, as the case may be, with respect to such SecuritiesGovernment Obligations were deposited.
Appears in 2 contracts
Samples: Indenture (Hanover Compressor Co /), Indenture (Hanover Compressor Co /)
Deposited Money and Government Obligations to Be Held in Trust. Subject to the provisions of the last paragraph of Section 10031007, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee--collectively for purposes of this Section 1305, the "Trustee") pursuant to Section 1304 in respect of any 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, Securities of all sums due and to become due thereon in respect of principal (and any premium, if any) and interest, but such money so held 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 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 SecuritiesSecurities of such series. Anything in this Article to the contrary notwithstanding, the Trustee shall deliver or to and pay to the Company from time to time upon Company Request any money or Government Obligations held by it as provided in Section 1304 with respect to any Securities 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 Defeasance for the purpose for which such money or Covenant Defeasance, as the case may be, with respect to such SecuritiesGovernment Obligations were deposited.
Appears in 2 contracts
Samples: Indenture (NSP Financing Ii), Indenture (Og&e Financing I)
Deposited Money and Government Obligations to Be Held in Trust. Subject to the provisions of the last paragraph of Section 10039.3, all money and non-callable Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 1304 4.6 in respect of any Securities 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) 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 and any principal, premium, if any, and interest, if any, but such money so held 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 charge, cost or expenses imposed on or assessed against the money or non-callable Government Obligations deposited pursuant to Section 1304 4.7 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of Outstanding Securitiesthereof. Anything in this Article herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations held by it as provided in Section 1304 with respect to any Securities 4.7 which, in the opinion of a nationally recognized firm of independent public accountants satisfactory to the Trustee (including, without limitation, compliance with any applicable FASB or Commission pronouncements, rules and regulations and computations set forth therein) 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 Defeasance an equivalent defeasance or Covenant Defeasance, as the case may be, with respect to such Securitiescovenant defeasance.
Appears in 2 contracts
Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/)
Deposited Money and Government Obligations to Be Held in Trust. Subject to the provisions of the last paragraph of Section 10039.3, all money and non-callable Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 1304 4.6 in respect of any Securities Notes of 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) 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 and any principal, premium, if any, and interest, if any, but such money so held 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 charge, cost or expense imposed on or assessed against the money or non-callable Government Obligations deposited pursuant to Section 1304 4.7 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of Outstanding Securitiesthereof. Anything in this Article herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or non-callable Government Obligations held by it as provided in this Section 1304 with respect to any Securities 4.7 which, in the opinion of a nationally recognized firm of independent public accountants satisfactory to the Trustee (including, without limitation, compliance with any applicable Financial Accounting Standards Board or Commission pronouncements, rules and regulations and computations set forth therein) 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 Defeasance an equivalent defeasance or Covenant Defeasance, as the case may be, with respect to such Securitiescovenant defeasance.
Appears in 1 contract
Samples: Indenture (Ual Corp /De/)
Deposited Money and Government Obligations to Be Held in Trust. Subject to the provisions of the last paragraph of Section 10039.3, all money and non-callable Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 1304 4.6 in respect of any Securities Notes of 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) 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 and any principal, premium, if any, and interest, if any, but such money so held 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 charge, cost or expense imposed on or assessed against the money or non-callable Government Obligations deposited pursuant to Section 1304 4.7 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of Outstanding Securitiesthereof. Anything in this Article herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations held by it as provided in Section 1304 with respect to any Securities 4.7 which, in the opinion of a nationally recognized firm of independent public accountants satisfactory to the Trustee (including, without limitation, compliance with any applicable FASB or Commission pronouncements, rules and regulations and computations set forth therein) 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 Defeasance an equivalent defeasance or Covenant Defeasance, as the case may be, with respect to such Securitiescovenant defeasance.
Appears in 1 contract
Samples: Indenture (Ual Corp /De/)
Deposited Money and Government Obligations to Be Held in Trust. Subject to the provisions of the last paragraph of Section 10031009, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee--collectively for purposes of this Section 1305, the "Trustee") pursuant to Section 1304 in respect of any 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, Securities of all sums due and to become due thereon in respect of principal (and any premium, if any) and interest, but such money so held 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 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 SecuritiesSecurities of such series. Anything in this Article to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations held by it as provided in Section 1304 with respect to any Securities 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 Defeasance for the purpose for which such money or Covenant Defeasance, as the case may be, with respect to such SecuritiesGovernment Obligations were deposited.
Appears in 1 contract
Deposited Money and Government Obligations to Be Held in Trust. Subject to the provisions of the last paragraph of Section 10031109, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee--collectively for purposes of this Section 1405, the "Trustee") pursuant to Section 1304 1404 in respect of any 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, Securities of all sums due and to become due thereon in respect of principal (and any premium, if any) and interest, but such money so held 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 1304 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 SecuritiesSecurities of such series. Anything in this Article to the contrary notwithstanding, the Trustee shall deliver or to pay to the Company from time to time upon Company Request any money or Government Obligations held by it as provided in Section 1304 with respect to any Securities 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 to effect Defeasance for the purpose for which such money or Covenant Defeasance, as the case may be, with respect to such SecuritiesGovernment Obligations were deposited.
Appears in 1 contract
Deposited Money and Government Obligations to Be Held in Trust. Subject to the provisions of the last paragraph of Section 10031009, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee--collectively for purposes of this Section 1305, the "Trustee") pursuant to Section 1304 in respect of any 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, Securities of all sums due and to become due thereon in respect of principal (and any premium, if any) and interest, but such money so held 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 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 SecuritiesSecurities of such series. Anything in this Article to the contrary notwithstanding, the Trustee shall deliver or to and pay to the Company from time to time upon Company Request any money or Government Obligations held by it as provided in Section 1304 with respect to any Securities 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 Defeasance for the purpose for which such money or Covenant Defeasance, as the case may be, with respect to such SecuritiesGovernment Obligations were deposited.
Appears in 1 contract
Samples: Indenture (NSP Financing Ii)
Deposited Money and Government Obligations to Be Held in Trust. Subject to the provisions of the last paragraph of Section 100311.9, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee--collectively for purposes of this Section 14.5, the "Trustee") pursuant to Section 1304 14.4 in respect of any 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, Securities of all sums due and to become due thereon in respect of principal (and any premium, if any) and interest, but such money so held 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 1304 14.4 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 SecuritiesSecurities of such series. Anything in this Article to the contrary notwithstanding, the Trustee shall deliver or to pay to the Company from time to time upon Company Request any money or Government Obligations held by it as provided in Section 1304 with respect to any Securities 14.4 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 to effect Defeasance for the purpose for which such money or Covenant Defeasance, as the case may be, with respect to such SecuritiesGovernment Obligations were deposited.
Appears in 1 contract
Deposited Money and Government Obligations to Be Held in Trust. Subject to the provisions of the last paragraph of Section 100310.8, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee--collectively for purposes of this Section 13.5, the "Trustee") pursuant to Section 1304 13.4 in respect of any 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, Securities of all sums due and to become due thereon in respect of principal (and any premium, if any) and interest, but such money so held 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 1304 13.4 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 SecuritiesSecurities of such series. Anything in this Article to the contrary notwithstanding, the Trustee shall deliver or to pay to the Company from time to time upon Company Request any money or Government Obligations held by it as provided in Section 1304 with respect to any Securities 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 to effect Defeasance for the purpose for which such money or Covenant Defeasance, as the case may be, with respect to such SecuritiesGovernment Obligations were deposited.
Appears in 1 contract
Samples: Senior Debt Indenture (Insight Communications Co Inc)