Deposited Money and U.S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.03, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee - collectively, for purposes for this Section 14.05, the "Trustee") pursuant to Section 14.04 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 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 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 money or U.S. Government Obligations deposited pursuant to Section 14.04 or the principal and interest received in respect thereof. Anything 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 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance.
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 14.04 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 acting as its own paying agent) as the Trustee may determine, to the holders of such Securities of all sums due and to become due thereon in respect of principal and any premium and interest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the money or U.S. Government Obligations deposited pursuant to Section 14.04 or the principal and interest received in respect thereof. Anything 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 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, provided that the Trustee shall not be required to liquidate any U.S. Government Obligations in order to comply with the provisions of this paragraph. Anything herein to the contrary notwithstanding, if and to the extent the deposited money or U.S. Government Obligations (or the proceeds thereof) either (i) cannot be applied by the Trustee in accordance with this Section because of a court order or by operation of Article 16 or (ii) are for any reason insufficient in amount, then the Company’s obligations to pay principal of and any premium and interest on the Securities of such series shall be reinstated to the extent necessary to cover the deficiency on any due date for payment. In any such case, the Company’s interest in the deposited money and U.S. Government Obligations (and proceeds thereof) shall be reinstated to the extent the Company’s payment obligations are reinstated.
Deposited Money and U.S. Government Obligations To Be Held in ------------------------------------------------------------- Trust; Other Miscellaneous Provisions. -------------------------------------
Deposited Money and U.S. Government Obligations to Be Held in Trust; Other Miscellaneous Provisions.
Deposited Money and U.S. Government Obligations to be Held in ------------------------------------------------------------- Trust; Other Miscellaneous Provisions. ------------------------------------- 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 1304 in respect of any Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the 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 principal (and premium, if any) and interest, but such money need not be segregated from other funds except to the extent required by law. The 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 1304 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities. Anything in this Article Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuer from time to time upon Issuer Request any money or U.S. Government Obligations held by it as provided in Section 1304 with respect to any Securities which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance.
Deposited Money and U.S. Government Obligations to Be ----------------------------------------------------- Held in Trust; Other Miscellaneous Provisions. --------------------------------------------- Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations deposited with the Trustee pursuant to Sections 401 and 404 shall be held in trust, and such money and all money from such U.S. Government Obligations shall be applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest for whose payment such money and U.S. Government Obligations has been deposited with the Trustee. 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 404 or the principal or interest received in respect of such obligations other than any such tax, fee or other charge that by law is for the account of the Holders of Outstanding Securities. Notwithstanding the foregoing provisions of this Article Four, if the Securities of any series are payable in a coin or currency or currency unit other than such coin or currency of the United States of America as at the time of payment is legal tender for payment of public or private debts, the coin or currency or currency unit or the nature of the government obligations to be deposited with the Trustee under the foregoing provisions of this Article Four shall be as set forth in the Officers' Certificate or established in the supplemental indenture under which the Securities of such series are issued.
Deposited Money and U.S. Subject to the proviso 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, collectively for purposes of this Section 4.05, the "Trustee") pursuant to Section 4.04 in respect of the Defeased Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (other than the Company) as the Trustee may determine, to the Holders of such Notes 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, its officers, directors and agents and hold such harmless against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 4.04 or the 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 Defeased Notes. Anything in this Article Four 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 4.04 which, in the opinion of an internationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance.
Deposited Money and U.S. Government Obligations to Be Held in Trust; Reinstatement;
Deposited Money and U.S. Government Obligations To Be Held in Trust; Other Miscellaneous Provisions 77 SECTION 9.06 Reinstatement 77 SECTION 9.07 Moneys Held by Paying Agent 77 SECTION 9.08 Moneys Held by Trustee 77 ARTICLE X GUARANTEE OF NOTES SECTION 10.01 Guarantee 78 SECTION 10.02 Limitation on Liability 79 SECTION 10.03 Successors and Assigns 80 SECTION 10.04 No Waiver 80 Page SECTION 10.05 Modification 80 SECTION 10.06 Release of Subsidiary Guarantor 80 SECTION 10.07 Contribution 81 ARTICLE XI MISCELLANEOUS SECTION 11.01 Trust Indenture Act Controls 81 SECTION 11.02 Notices 82 SECTION 11.03 Communications by Holders with Other Holders 82 SECTION 11.04 Certificate and Opinion as to Conditions Precedent 83 SECTION 11.05 Statements Required in Certificate and Opinion 83 SECTION 11.06 Rules by Trustee and Agents 83 SECTION 11.07 Business Days 83 SECTION 11.08 Governing Law 84 SECTION 11.09 Waiver of Jury Trial 84 SECTION 11.10 Force Majeure 84 SECTION 11.11 No Adverse Interpretation of Other Agreements 84 SECTION 11.12 No Recourse Against Others 84 SECTION 11.13 Successors 85 SECTION 11.14 Multiple Counterparts 85 SECTION 11.15 Table of Contents, Headings, etc. 85 SECTION 11.16 Separability 85 SECTION 11.17 USA Patriot Act 85 EXHIBITS Exhibit A. Form of Global Initial Note A Exhibit B. Form of Global Exchange Note B Exhibit C. Form of Legends C Exhibit D. Form of Notation of Guarantee D INDENTURE, dated as of November 20, 2012, among AMSURG CORP., a Tennessee corporation (the “Issuer”), the Subsidiary Guarantors (as hereinafter defined) party hereto from time to time and U.S. BANK NATIONAL ASSOCIATION, as trustee. Each party agrees as follows for the benefit of the other parties and for the equal and ratable benefit of the Holders.
Deposited Money and U.S. Government Obligations to Be Held in Trust; Miscellaneous Provisions 72 Section 1306. Reinstatement 72 ARTICLE XIV GUARANTEE OF SECURITIES Section 1401. Guarantee 73 Section 1402. Additional Guarantors 73 Section 1403. Waiver 73 Section 1404. Guarantee of Payment 74 Section 1405. No Discharge or Diminishment of Guarantee 74 Section 1406. Defenses of Company Waived 75 Section 1407. Continued Effectiveness 75 Section 1408. Subrogation 75 Section 1409. Subordination 76 Section 1410. Release of Guarantor and Termination of Guarantee 76 Section 1411. Limitation of Guarantors’ Liability 77 Section 1412. No Obligation to Take Action Against the Company 78 Section 1413. Execution and Delivery 78 INDENTURE, dated as of February 1, 2013, among KKR GROUP FINANCE CO. II LLC, a limited liability company duly organized and existing under the laws of Delaware (herein called the “Company”), each of the Guarantors named herein (the “Guarantors”) and THE BANK OF NEW YORK MELLON TRUST COMPANY N.A., as Trustee (herein called the “Trustee”).
