Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 8.04 in respect of the outstanding 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 (but not 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, 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 U.S. Government Obligations deposited pursuant to Section 8.04 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. Anything in this Article 8 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance or Covenant Defeasance.
Appears in 3 contracts
Samples: Vectren Utility Holdings Inc, Vectren Utility Holdings Inc, Southern Indiana Gas & Electric Co
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, 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 1305, the "Trustee") pursuant to Section 8.04 1304 in respect of the outstanding Outstanding Securities of 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 (but not 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) and interest, and interest but such money need not be segregated, 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 U.S. Government Obligations deposited pursuant to Section 8.04 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 Securitiesthereof. Anything in this Article 8 herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 3 contracts
Samples: St Paul Capital Trust Ii, Ferro Corp, Ferro Corp
Deposited Money and U. S. Government Obligations to be Held in TrustGOVERNMENT OBLIGATIONS TO BE HELD IN TRUST; Other Miscellaneous ProvisionsOTHER MISCELLANEOUS PROVISIONS. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 8.04 9.04 hereof in respect of the outstanding 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 (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such SecuritiesNotes, of all sums due and to become due thereon in respect of principal, premium, if any, and interest accrued interest, but such money need not be segregated, segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) 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 8.04 9.04 hereof or the principal principal, premium, if any, 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 Holders of the Outstanding Securitiesoutstanding Notes. Anything in this Article 8 Nine to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 9.04 hereof which, in the opinion of a nationally nationally-recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 3 contracts
Samples: Indenture (Norske Skog Canada LTD), Norske Skog Canada LTD, Norske Skog Canada LTD
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 9.03, all money and U.S. Government Obligations 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 8.04 13.04 in respect of the outstanding 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 (but not 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) and interest, and interest including Special Interest, but such money need not be segregated, segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee its officers, directors, employees and agents against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 8.04 13.04 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the holders Holders of the Outstanding Securities. The indemnity of this Section 13.05 shall survive the termination of this Indenture or the earlier resignation or removal of the Trustee. Anything in this Article 8 Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 13.04 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 2 contracts
Samples: Indenture (Clark Refining & Marketing Inc), Clark Refining & Marketing Inc
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All --------------------------------------------------- Subject to the provisions of the last paragraph of Section 10.3, 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 13.5, the "Trustee") pursuant to Section 8.04 13.4 in respect of the outstanding Outstanding Securities of 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 (but not 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) and interest, and interest but such money need not be segregated, 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 U.S. Government Obligations deposited pursuant to Section 8.04 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 Securitiesthereof. Anything in this Article 8 herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 13.4 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 2 contracts
Samples: Alberto Culver Co, Case Credit Corp
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee; collectively, for purposes for this Section 1205, the "Trustee") pursuant to Section 8.04 1204 in respect of the outstanding Outstanding 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 (but not 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, premiumpremium and interest, if any, and interest but such money need not be segregated, 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 U.S. Government Obligations deposited pursuant to Section 8.04 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 Securitiesthereof. Anything in this Article 8 herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 1204 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 2 contracts
Samples: Indenture (Blount International Inc), CTR Manufacturing Inc
Deposited Money and U. S. Government Obligations to be Be Held in Trust; Other Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 8.04 9.04 hereof in respect of the outstanding 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 (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such SecuritiesNotes, of all sums due and to become due thereon in respect of principal, premium, if any, and interest accrued interest, but such money need not be segregated, segregated from other funds except to the extent required by law. The Company and the Subsidiary Guarantors 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 8.04 9.04 hereof or the principal principal, premium, if any, 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 Holders of the Outstanding Securitiesoutstanding Notes. Anything in this Article 8 9 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 9.04 hereof which, in the opinion of a nationally nationally-recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 2 contracts
Samples: Indenture (Paxson Communications Corp), Indenture (Paxson Communications Corp)
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, 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 1305, the "Trustee") pursuant to Section 8.04 1304 in respect of the outstanding Outstanding Securities of 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 (but not 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) and interest, and interest but such money need not be segregated, 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 U.S. Government Obligations deposited pursuant to Section 8.04 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 Securitiesthereof. Anything in this Article 8 herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 which, 1304 which in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 2 contracts
Samples: Precision Castparts Corp, Monsanto Co /New/
Deposited Money and U. S. Government Obligations to be Be Held in Trust; Other Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 8.04 9.04 in respect of the outstanding 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 (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such SecuritiesNotes, of all sums due and to become due thereon in respect of principal, premium, if any, and interest accrued interest, but such money need not be segregated, segregated from other funds except to the extent required by law. The Company Issuer and the Guarantors shall (on a joint and several basis) 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 8.04 9.04 or the principal principal, premium, if any, 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 Holders of the Outstanding Securitiesoutstanding Notes. Anything in this Article 8 Nine to the contrary notwithstanding, the Trustee shall deliver or pay to the Company Issuer from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 9.04 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 2 contracts
Samples: Indenture (Match Group, Inc.), Indenture (Match Group, Inc.)
Deposited Money and U. S. Government Obligations Securities to be Be Held in Trust; Other Miscellaneous Provisions. All Subject to Section 8.6 hereof, all money and U.S. Government Obligations Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 8.5 only, the "Trustee") pursuant to Section 8.04 8.4 hereof in respect of the outstanding 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 (but not including other than the Company acting as its own Paying AgentCompany) 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 or Redemption Price of, premiumand Additional Interest, if any, and interest but on, the Notes, that such money need not be segregated, 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 Securities deposited pursuant to Section 8.04 8.4 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the holders Holders of the Outstanding Securitiesoutstanding Notes. Anything in this Article 8 VIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any money or U.S. Government Obligations Securities held by it as provided in Section 8.04 8.4 hereof which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.4(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 2 contracts
Samples: Indenture (Anchor Glass Container Corp /New), Ironton Iron Inc
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 10.3, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 8.04 12.4 in respect of the outstanding 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 (but not 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) and interest, and interest but such money need not be segregated, 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 8.04 12.4 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the holders Holders of the Outstanding Securities. Anything in this Article 8 Twelve to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 12.4 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 2 contracts
Samples: Indenture (Stena Ab), Indenture (Stena Ab)
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of Section 10.2(e), all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section 13.3 and Section 13.4, the Trustee and any such other trustee are referred to collectively as the “Trustee”) pursuant to Section 8.04 13.2 in respect of the outstanding Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such the Securities and this Indenture, to the payment, either directly or through any such Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such the Securities, of all sums due and to become due thereon in respect of principal, premium, if any, and interest interest, but such money so held in trust need not be segregated, 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 8.04 13.2 or the principal and interest received in respect thereof other than any such tax, fee or other charge which that by law is for the account of the holders Holders of the Outstanding Securities. Anything in this Article 8 XIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 which13.2 with respect to the Securities that, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 to effect an equivalent Defeasance or Covenant Defeasancewith respect to the Securities.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Resource Capital Corp.), Resource Capital Corp.
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or such other qualifying trustee -- collectively, for purposes of this Section 1305, the "Trustee") pursuant to Section 8.04 1304 in respect of the outstanding Securities of 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 (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of the Securities of such Securitiesseries, of all sums due and to become due thereon in respect of principal, principal (and premium, if any) and interest, and interest but such money need not be segregated, 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 8.04 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 Holders of the Outstanding Securities. Anything in this Article 8 Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 2 contracts
Samples: Lone Star Technologies Inc, Lone Star Technologies Inc
Deposited Money and U. S. Government Obligations Securities to be Be Held in Trust; Other Miscellaneous Provisions. All Subject to Section 8.6, all money and U.S. Government Obligations Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 8.5 only) pursuant to Section 8.04 8.4 in respect of the outstanding 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 (but not including other than the Company acting as its own Paying AgentCompany) 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, premiumRedemption Price or Purchase Price of, and Additional Interest, if any, and or interest but on, the Notes, that such money need not be segregated, 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 Securities deposited pursuant to Section 8.04 8.4 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 Holders of the Outstanding Securitiesoutstanding Notes. Anything in this Article 8 VIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any money or U.S. Government Obligations Securities held by it as provided in Section 8.04 8.4 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.4), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 2 contracts
Samples: Indenture (Dan River Inc /Ga/), Indenture (Mobile Mini Inc)
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All ------------------------------ Subject to the provisions of the last paragraph of Section 1003, 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 1305, the "Trustee") pursuant to Section 8.04 1304 in respect of the outstanding Outstanding Securities of 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 (but not 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) and interest, and interest but such money need not be segregated, 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 8.04 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 Holders of the Outstanding SecuritiesSecurities of such series. Anything in this Article 8 Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 2 contracts
Samples: Article Twelve (Mead Corp), Article Twelve (Meadwestvaco Corp)
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, 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 1305, the "Trustee") pursuant to Section 8.04 1304 in respect of the outstanding Securities of 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 (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of the Securities of such Securitiesseries, of all sums due and to become due thereon in respect of principal, principal (and premium, if any) and interest, and interest but such money need not be segregated, 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 8.04 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 Holders of the Outstanding Securities. Anything in this Article 8 Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 1 contract
Samples: Dynegy Capital Trust Iii
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section and Section 14.06, the Trustee and any such other trustee are referred to collectively as the “Trustee”) pursuant to Section 8.04 14.04 in respect of the outstanding Securities of any Defeasible Series shall be held in trust and applied by the Trustee, in accordance with the provisions of the Securities of such Securities series and this Indenture, to the payment, either directly or through any such Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of Securities of such Securitiesseries, of all sums due and to become due thereon in respect of principalprincipal and any premium and interest, premium, if any, and interest but such money so held in trust need not be segregated, 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 8.04 14.04 or the principal and interest received in respect thereof other than any such tax, fee or other charge which that by law is for the account of the holders Holders of the Outstanding Securities. Anything in this Article 8 XIV to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 which14.04 with respect to Securities of any Defeasible Series that, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 to effect an equivalent Defeasance or Covenant DefeasanceDefeasance with respect to the Securities of such series.
Appears in 1 contract
Deposited Money and U. S. Government Obligations to be Be Held in Trust; Other Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 8.04 9.4 hereof in respect of the outstanding 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 (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such SecuritiesNotes, of all sums due and to become due thereon in respect of principal, premium, if any, and interest accrued interest, but such money need not be segregated, 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 8.04 9.4 hereof or the principal principal, premium, if any, 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 Holders of the Outstanding Securitiesoutstanding Notes. Anything in this Article 8 9 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 9.4 hereof which, in the opinion of a nationally nationally-recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Samples: Indenture (MMH Holdings Inc)
Deposited Money and U. S. Government Obligations to be Be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section and Section 1306, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 8.04 1304 in respect of the outstanding 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 such Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Securities, of all sums due and to become due thereon in respect of principalprincipal and any premium and interest, premium, if any, and interest but such money so held in trust need not be segregated, 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 8.04 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 Holders of the Outstanding Securities. Anything in this Article 8 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 1304 with respect to any Securities which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent the Defeasance or Covenant Defeasance, as the case may be, with respect to such Securities.
Appears in 1 contract
Samples: Micron Technology Inc
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to Section 10.7, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section and Section 10.6, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 8.04 10.4 in respect of the outstanding 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 such Paying Agent (but not including the Company Issuer acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Securities, of all sums due and to become due thereon in respect of principalprincipal and any premium and interest, premium, if any, and interest but such money so held in trust need not be segregated, 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 U.S. Government Obligations deposited pursuant to Section 8.04 10.4 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 Holders of the Outstanding Securities. Anything in this Article 8 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company Issuer from time to time upon Company Issuer Request any money or U.S. Government Obligations held by it as provided in Section 8.04 10.4 with respect to any Securities which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof thereof, which would then be required to be deposited to effect an equivalent the Defeasance or Covenant Defeasance, as the case may be, with respect to such Securities.
Appears in 1 contract
Samples: Indenture (General Mills Inc)
Deposited Money and U. S. Government Obligations Subject to be Held in Trust; Other Miscellaneous Provisions. All the provisions of the last paragraph of Section 10.3, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 8.04 13.4 in respect of the outstanding Outstanding Securities of 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 (but not 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) and interest, and interest but such money need not be segregated, 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 8.04 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 Holders of the Outstanding SecuritiesSecurities of such series. Anything in this Article 8 Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 13.4 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 1 contract
Samples: Citizens Utilities Capital L P
Deposited Money and U. S. Government Obligations to be Be Held in Trust; Other Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 8.04 9.4 hereof in respect of the outstanding 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 (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such SecuritiesNotes, of all sums due and to become due thereon in respect of principal, premium, if any, and interest accrued interest, but such money need not be segregated, segregated from other funds except to the extent required by law. The Company and the Guarantors shall (on a joint and several basis) 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 8.04 9.4 hereof or the principal principal, premium, if any, 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 Holders of the Outstanding Securitiesoutstanding Notes. Anything in this Article 8 9 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 9.4 hereof which, in the opinion of a nationally nationally-recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Samples: Morris Material Handling Inc
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All ----------------------------------- Subject to the provisions of the last paragraph of Section 10.3, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 8.04 13.4 in respect of the outstanding Outstanding Securities of 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 (but not 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) and interest, and interest but such money need not be segregated, 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 U.S. Government Obligations deposited pursuant to Section 8.04 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 Securitiesthereof. Anything in this Article 8 herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 13.4 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 1 contract
Samples: Susquehanna Bancshares Inc
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1004, 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 1305, the "Trustee") pursuant to Section 8.04 1304 in respect of the outstanding Outstanding Securities of 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 (but not 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) and interest, and interest but such money need not be segregated, 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 U.S. Government Obligations deposited pursuant to Section 8.04 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 Securitiesthereof. Anything in this Article 8 herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 1 contract
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All --------------------------------------------- Subject to Section 8.06 hereof, 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 8.05, the "Trustee") pursuant to Section 8.04 hereof in respect of the outstanding 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 (but not 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, premium, if any, and interest interest, but such money need not be segregated, 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 8.04 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the holders Holders of the Outstanding Securitiesoutstanding Notes. Anything in this Article 8 Eight to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Samples: Sterling Chemical Inc
Deposited Money and U. S. Government Obligations to be Held in TrustTrusts; Other Miscellaneous Provisions. 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 4.5, the "Trustee") pursuant to Section 8.04 4.4 in respect of the outstanding 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 (but not 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 principalprincipal and interest, premium, if any, and interest but such money need not be segregated, 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 8.04 4.4 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 Holders of the Outstanding Securities. Anything in this Article 8 IV to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 4.4 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 1 contract
Samples: Indenture (Conseco Inc)
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 10.03, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 8.04 4.01 in respect of the outstanding Outstanding Securities of 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 (but not 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, principal (and premium, if any) and interest, and interest but such money need not be segregated, 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 8.04 4.01 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 Holders of the Outstanding SecuritiesSecurities of such series. Anything in this Article 8 Four to the contrary notwithstanding, the Trustee shall deliver or pay to the Company Company, from time to time upon Company Request Request, any money or U.S. Government Obligations held by it as provided in Section 8.04 4.01 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance "defeasance" or Covenant Defeasance"covenant defeasance".
Appears in 1 contract
Samples: Ford Motor Co Capital Trust I
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to SECTION 8.6 hereof, 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 8.5, the “Trustee”) pursuant to Section 8.04 SECTION 8.4 hereof in respect of the outstanding Securities shall 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 (but not 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, premium, if any, and interest interest, but such money need not be segregated, segregated from other funds except to the extent required by law. The Company shall will 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 8.04 SECTION 8.4 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the holders Holders of the Outstanding Securitiesoutstanding Notes. Anything Notwithstanding anything in this Article 8 ARTICLE VIII to the contrary notwithstandingcontrary, the Trustee shall will deliver or pay to the Company from time to time upon the request of the Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 SECTION 8.4 hereof which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under SECTION 8.4(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Samples: Indenture (Travelport Worldwide LTD)
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 10.03, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section and Section 15.06, the Trustee and any such other trustee are referred to collectively as the 51 “Trustee”) pursuant to Section 8.04 15.04 in respect of the outstanding 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 such Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Securities, of all sums due and to become due thereon in respect of principalprincipal and any premium and interest, premium, if any, and interest but such money so held in trust need not be segregated, 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 8.04 15.04 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the holders Holders of the Outstanding Securities. Anything in this Article 8 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 15.04 with respect to any Securities which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent the Defeasance or Covenant Defeasance, as the case may be, with respect to such Securities.
Appears in 1 contract
Samples: Bold Energy III LLC
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All ------------------------------------------------------------- Subject to the provisions of the last paragraph of Section 10.3, 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 13.5, the "Trustee") pursuant to Section 8.04 13.4 in respect of the outstanding Outstanding Securities of 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 (but not 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) and interest, and interest but such money need not be segregated, 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 U.S. Government Obligations deposited pursuant to Section 8.04 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 Securitiesthereof. Anything in this Article 8 herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 13.4 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 1 contract
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to Section 8.06 hereof, all money and non-callable U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 8.05, the "Trustee") pursuant to Section 8.04 hereof in respect of the outstanding 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 (but not 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, premium, if any, and interest interest, but such money need not be segregated, 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 U.S. Government Obligations deposited pursuant to Section 8.04 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the holders Holders of the Outstanding Securitiessuch outstanding Notes. Anything in this Article 8 Eight to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any money or non-callable U.S. Government Obligations held by it as provided in Section 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Samples: Electroglas Inc
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, 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 1305, the "Trustee") pursuant to Section 8.04 1304 in respect of the outstanding Securities of 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 (but not including the Company 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) and interest, and interest but such money need not be segregated, 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 U.S. Government Obligations deposited pursuant to Section 8.04 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 Securitiesthereof. Anything in this Article 8 herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 which, 1304 which in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 1 contract
Samples: Owens Corning Capital Ii
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section and Section 13.06, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 8.04 13.04 in respect of the outstanding Securities of any Defeasible Series shall be held in trust and applied by the Trustee, in accordance with the provisions of the Securities of such Securities series and this Indenture, to the payment, either directly or through any such Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of Securities of such Securitiesseries, of all sums due and to become due thereon in respect of principalprincipal and any premium and interest, premium, if any, and interest but such money so held in trust need not be segregated, 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 8.04 13.04 or the principal and interest received in respect thereof other than any such tax, fee or other charge which that by law is for the account of the holders Holders of the Outstanding Securities. Anything in this Article 8 XIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 which13.04 with respect to Securities of any Defeasible Series that, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 to effect an equivalent Defeasance or Covenant DefeasanceDefeasance with respect to the Securities of such series.
Appears in 1 contract
Samples: Indenture (Primus Guaranty LTD)
Deposited Money and U. S. Government Obligations to be Be Held in Trust; : Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 10.3 hereof, 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 12.5, the "Trustee") pursuant to Section 8.04 12.4 hereof in respect of the outstanding Outstanding 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 through, any Paying Agent (but not 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, principal (and premium, if any) and interest, and interest but such money need not be segregated, segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any taxall taxes, fee fees or other charge charges imposed on or assessed against the U.S. Government Governmental Obligations deposited pursuant to Section 8.04 12.4 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the holders Holders of the Outstanding Securities. Anything in this Article 8 XII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 12.4 hereof which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance legal defeasance or Covenant Defeasancecovenant defeasance, as applicable, in accordance with this Article.
Appears in 1 contract
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, 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 1405, the "Trustee") pursuant to Section 8.04 1404 in respect of the outstanding Outstanding Securities of 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 (but not 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) and interest, and interest but such money need not be segregated, segregated from other funds except to the extent required by law. Money and U.S. Government Obligations (including the proceeds thereof) so held in trust shall not be subject to the provisions of Article Eleven, provided that the applicable conditions of Section 1404 have been satisfied. 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 8.04 1404 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the holders of the Outstanding Securitiesthereof. Anything in this Article 8 herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 1 contract
Samples: St Paul Capital Trust Ii
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All ---------------------------- Subject to the provisions of the last paragraph of Section 1003, 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 1305, the "Trustee") pursuant to Section 8.04 1304 in respect of the outstanding Outstanding Securities of 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 (but not 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) and interest, and interest but such money need not be segregated, 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 8.04 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 Holders of the Outstanding SecuritiesSecurities of such series. Anything in this Article 8 Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 1 contract
Samples: Indenture (Mead Corp)
Deposited Money and U. S. and Foreign Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All money money, U.S. Government Obligations and U.S. Foreign Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 8.04 9.4 hereof in respect of the outstanding 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 (but not 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, and interest accrued interest, but such money need not be segregated, 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 and Foreign Government Obligations deposited pursuant to Section 8.04 9.4 hereof or the principal principal, premium, if any, 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 Holders of the Outstanding outstanding Securities. Anything in this Article 8 9 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money money, U.S. Government Obligations or U.S. Foreign Government Obligations held by it as provided in Section 8.04 9.4 hereof which, in the opinion of a nationally nationally-recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Samples: American Signs Inc
Deposited Money and U. S. Government Obligations GOVERNMENT OBLIGATIONS TO BE HELD IN TRUST; OTHER MISCELLANEOUS PROVISIONS. Subject to be Held in Trust; Other Miscellaneous Provisions. All Section 9.06 hereof, all money and non-callable U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 9.05, the “Trustee”) pursuant to Section 8.04 9.04 hereof in respect of the outstanding 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 (but not 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, premium, if any, interest and interest Liquidated Damages, if any, but such money need not be segregated, 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 U.S. Government Obligations deposited pursuant to Section 8.04 9.04 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the holders Holders of the Outstanding Securitiesoutstanding Notes. Anything in this Article 8 Nine to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any money or non-callable U.S. Government Obligations held by it as provided in Section 8.04 9.04 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants approved by the trustee in the exercise of reasonable care expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 9.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section and Section 1506, the Trustee and any such other trustee are referred to collectively as the “Trustee”) pursuant to Section 8.04 1504 in respect of the outstanding 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 such Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Securities, of all sums due and to become due thereon in respect of principalprincipal and any premium and interest, premium, if any, and interest but such money so held in trust need not be segregated, 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 8.04 1504 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the holders Holders of the Outstanding Securities. Anything in this Article 8 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 1504 with respect to any Securities which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent the Defeasance or Covenant Defeasance, as the case may be, with respect to such Securities.
Appears in 1 contract
Samples: Indenture (Gulfmark Offshore Inc)
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Mis- cellaneous Provisions. All Subject to Section 8.6 hereof, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Sec- tion 8.5, the “Trustee”) pursuant to Section 8.04 8.4 hereof in respect of the outstanding Securities shall 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 (but not including the Company acting as its own Paying Agent) as the Trustee may determinedeter- mine, to the Holders of such Securities, Notes of all sums due and to become due thereon in respect of principal, premium, if anyand interest, and interest but such money need not be segregated, segregated from other funds except to the extent required by law. The Company shall will pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed as- sessed against the cash or U.S. Government Obligations deposited pursuant to Section 8.04 8.4 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the holders Holders of the Outstanding Securitiesoutstanding Notes. Anything Notwithstanding anything in this Article 8 VIII to the contrary notwithstandingcontrary, the Trustee shall will deliver or pay to the Company Compa- ny from time to time upon the request of the Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 8.4 hereof which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care account- ants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.4(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance. SECTION 8.6.
Appears in 1 contract
Samples: Townsquare Media, Inc.
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, 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 1405, the "TRUSTEE") pursuant to Section 8.04 1404 in respect of the outstanding Outstanding Securities of 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 (but not 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) and interest, and interest but such money need not be segregated, 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 U.S. Government Obligations deposited pursuant to Section 8.04 1404 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the holders of the Outstanding Securitiesthereof. Anything in this Article 8 herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 1 contract
Samples: Platinum Underwriters Holdings LTD
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. Provisions All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section and Section 13.6, the Trustee and any such other trustee are referred to collectively as the “Trustee”) pursuant to Section 8.04 13.4 in respect of the outstanding Securities of any Defeasible Series shall be held in trust and applied by the Trustee, in accordance with the provisions of the Securities of such Securities series and this Indenture, to the payment, either directly or through any such Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of Securities of such Securitiesseries, of all sums due and to become due thereon in respect of principalprincipal and any premium and interest, premium, if any, and interest but such money so held in trust need not be segregated, 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 8.04 13.4 or the principal and interest received in respect thereof other than any such tax, fee or other charge which that by law is for the account of the holders Holders of the Outstanding Securities. Anything in this Article 8 XIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 which13.4 with respect to Securities of any Defeasible Series that, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 to effect an equivalent Defeasance or Covenant DefeasanceDefeasance with respect to the Securities of such series.
Appears in 1 contract
Samples: Indenture (Harsco Corp)
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 8.04 8.4 hereof in respect of the outstanding Securities Convertible Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Convertible Notes and this Indenture, to the payment, either directly or through any such Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such SecuritiesConvertible Notes, of all sums due and to become due thereon in respect of principalprincipal and any premium and interest, premium, if any, and interest but such money so held in trust need not be segregated, 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 8.04 8.4 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the holders Holders of the Outstanding Securitiesoutstanding Convertible Notes. Anything in this Article 8 VIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request Order any money or U.S. Government Obligations held by it as provided in Section 8.04 8.4 hereof which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care accounts expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which that would then the be required to be deposited to effect an equivalent the Defeasance or Covenant Defeasance, as the case may be, with respect to the outstanding Convertible Notes.
Appears in 1 contract
Samples: Indenture (Usn Communications Inc)
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of Section 10.2(d), all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section 13.3 and Section 13.4, the Trustee and any such other trustee are referred to collectively as the “Trustee”) pursuant to Section 8.04 13.2 in respect of the outstanding Electing Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such the Electing Securities and this Indenture, to the payment, either directly or through any such Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such the Electing Securities, of all sums due and to become due thereon in respect of principal, premium, if any, and interest interest, but such money so held in trust need not be segregated, 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 8.04 13.2 or the principal and interest received in respect thereof other than any such tax, fee or other charge which that by law is for the account of the holders Holders of the Outstanding Electing Securities. Anything in this Article 8 XIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 which13.2 with respect to the Electing Securities that, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 to effect an equivalent Defeasance or Covenant Defeasancewith respect to the Electing Securities.
Appears in 1 contract
Samples: Vestin Realty Mortgage II, Inc
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of Section 10.2(e), all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section 13.3 and Section 13.4, the Trustee and any such other trustee are referred to collectively as the “Trustee”) pursuant to Section 8.04 13.2 in respect of the outstanding Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such the Securities and this Indenture, to the payment, either directly or through any such Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such the Securities, of all sums due and to become due thereon in respect of principal, premium, if any, and interest interest, but such money so held in trust need not be segregated, segregated from other funds except to the extent required by law. The Each of the Company and Reading NZ 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 8.04 13.2 or the principal and interest received in respect thereof other than any such tax, fee or other charge which that by law is for the account of the holders Holders of the Outstanding Securities. Anything in this Article 8 XIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 which13.2 with respect to the Securities that, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 to effect an equivalent Defeasance or Covenant Defeasancewith respect to the Securities.
Appears in 1 contract
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, 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 1405, the "Trustee") pursuant to Section 8.04 1304 in respect of the outstanding 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 (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such SecuritiesNotes, of all sums due and to become due thereon in respect of principal, principal (and premium, if any) and interest, and interest but such money need not be segregated, segregated from other funds except to the extent required by law. Money so held in trust shall not be subject to the provisions of Article Twelve. 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 8.04 1404 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the holders Holders of the Outstanding SecuritiesNotes. Anything in this Article 8 Fourteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance.
Appears in 1 contract
Samples: Indenture (Hollywood Theaters Inc)
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All --------------------------------------------------- Subject to Section 8.06 hereof, 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 8.05, the "Trustee") pursuant to Section 8.04 hereof in respect of the outstanding 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 (but not 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, premium, if any, and interest interest, but such money need not be segregated, 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 8.04 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the holders Holders of the Outstanding Securitiesoutstanding Notes. Anything in this Article 8 Eight to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Samples: Sterling Chemical Inc
Deposited Money and U. S. Government Obligations to be Be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trusteecollectively, for purposes of this Section 1305, the "Trustee") pursuant to Section 8.04 1304 in respect of the outstanding Securities of this series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities of this series and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such SecuritiesSecurities of this series, of all sums due and to become due thereon in respect of principal, principal (and premium, if any) and interest, and interest but such money need not be segregated, 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 8.04 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 Holders of the Outstanding SecuritiesSecurities of this series. Anything in this Article 8 Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance or Covenant covenant Defeasance.
Appears in 1 contract
Samples: Kroger Co
Deposited Money and U. S. Government Obligations to be Be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, 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 1305, the "Trustee") pursuant to Section 8.04 1304 in respect of the outstanding Securities 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 (but not 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, principal (and premium, if any) and interest, and interest but such money need not be segregated, 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 Governmental Obligations deposited pursuant to Section 8.04 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 Holders of the Outstanding SecuritiesNotes. Anything in this Article 8 Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance defeasance or Covenant Defeasancecovenant defeasance, as applicable, in accordance with this Article.
Appears in 1 contract
Samples: Fleming Companies Inc /Ok/
Deposited Money and U. S. Government Obligations to be Be Held in Trust; Other Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 8.04 9.04 hereof in respect of the outstanding 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 (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders holders of such SecuritiesNotes, of all sums due and to become due thereon in respect of principal, premium, if any, and interest accrued interest, but such money need not be segregated, segregated from other funds except to the extent required by law. The Company Issuers and the Guarantors 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 8.04 9.04 hereof or the principal principal, premium, if any, 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 Securitiesoutstanding Notes. Anything in this Article 8 9 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 9.04 hereof which, in the opinion of a nationally nationally-recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee--collectively, and solely for purposes of this Section 1205, the "Trustee") pursuant to Section 8.04 1204 in respect of the outstanding Securities of any 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 (but not 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) and interest, and interest but such money need not be segregated, 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 8.04 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 Holders of the Outstanding Securities. Anything in this Article 8 Twelve to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 8.04 1204 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance or Covenant Defeasance.
Appears in 1 contract
Samples: Forest City Enterprises Inc
Deposited Money and U. S. Government Obligations to be Held in Trust; : Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 10.03, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 8.04 12.04 in respect of the outstanding Outstanding Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such the Securities and this Indenture, to the payment, either directly or through any Paying Agent (but not 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 principalAmortization Payments, premium, if any, and interest but such money need not be segregated, 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 8.04 12.04 or the principal and interest Amortization Payments received in respect thereof other than any such tax, fee or other charge which by law is for the account of the holders Holders of the Outstanding Securities. Anything in this Article 8 Twelve to the contrary notwithstanding, the Trustee shall deliver or pay to the Company Company, from time to time upon Company Request Request, any money or U.S. Government Obligations held by it as provided in Section 8.04 12.04 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care 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 an equivalent Defeasance "defeasance" or Covenant Defeasance"covenant defeasance".
Appears in 1 contract
Samples: Shareholders Agreement
Deposited Money and U. S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. All Subject to Section 8.06, all money and non-callable U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 8.04 in respect of the outstanding 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 (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Securities, Notes of all sums due and to become due thereon in respect of principalprincipal amount, premium, if any, and interest interest, but such money need not be segregated, 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 U.S. Government Obligations deposited pursuant to Section 8.04 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 Holders of the Outstanding Securitiesoutstanding Notes. Anything in this Article 8 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any money or non-callable U.S. Government Obligations held by it as provided in Section 8.04 which, in the opinion of a nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.04(a)), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Samples: Pf Net Communications Inc