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.
Appears in 1 contract
Samples: Regency Office Partnership L P
Deposited Money and U.S. Government Obligations to be Securities To Be Held in ------------------------------------------------------------- Trust; Other Miscellaneous Provisions. ------------------------------------- Subject to the provisions proviso of the last paragraph of Section 10035.3, all money and U.S. Government Obligations Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trusteeTrustee, collectively, collectively for purposes of this Section 130517.5, the "“Trustee"”) pursuant to Section 1304 17.4 in respect of any Securities the Defeased Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including other than the Issuer 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 (and principal, premium, if any) , and interest, but such money need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Trustee 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 Securities deposited pursuant to Section 1304 17.4 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 SecuritiesDefeased Notes. Anything in this Article Thirteen XVII to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Company Request any money or U.S. Government Obligations Securities held by it as provided in Section 1304 with respect to any Securities 17.4 which, in the opinion of a nationally an internationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance.
Appears in 1 contract
Samples: Indenture (RCN Corp /De/)
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 All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively, trustee (solely for purposes of this Section 1305and Section 14.06, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 1304 14.04 in respect of the Securities of any Securities 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 (including the Issuer 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 principal (and premium, if any) any premium and interest, but such money so held in trust need not be segregated from other funds except to the extent required by law. The Issuer 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 1304 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 of the Outstanding Securities. Anything in this Article Thirteen XIV to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Company Request any money or U.S. Government Obligations held by it as provided in Section 1304 14.04 with respect to Securities of any Securities whichDefeasible Series that, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent defeasance Defeasance or covenant defeasanceCovenant Defeasance with respect to the Securities of such series.
Appears in 1 contract
Samples: Aqua America Inc
Deposited Money and U.S. Government Obligations Securities to be 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 Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively, collectively for purposes of this Section 13051205, the "Trustee") pursuant to 107 Section 1304 1204 in respect of any Securities the 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 (including the Issuer Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Securities, Notes of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money need not be segregated from other funds except to the extent required by law. Money and Government Securities so held in trust are not subject to Article Thirteen. The Issuer Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations Securities deposited pursuant to Section 1304 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 SecuritiesNotes. Anything in this Article Thirteen Twelve to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Company Request any money or U.S. Government Obligations Securities held by it as provided in Section 1304 with respect to any Securities 1204 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent legal defeasance or covenant 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. ------------------------------------- Subject to the provisions of the last paragraph of Section 10038.06 hereof, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively, collectively for purposes of this Section 13058.05, the "“Trustee"”) pursuant to Section 1304 8.04 hereof in respect of any Securities the outstanding 5.625% Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities 5.625% Notes and this Supplemental 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, 5.625% Notes of all sums due and to become due thereon in respect of principal (principal, premium and premiumAdditional Interest, 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 cash or U.S. Government Obligations deposited pursuant to Section 1304 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 of the Outstanding Securitiesoutstanding 5.625% Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Trustee shall deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or U.S. Government Obligations held by it as provided in Section 1304 with respect to any Securities 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent defeasance Legal Defeasance or covenant defeasanceCovenant Defeasance.
Appears in 1 contract
Samples: First Supplemental Indenture (ExamWorks Group, Inc.)
Deposited Money and U.S. Government Obligations to be Securities To Be Held in ------------------------------------------------------------- Trust; Other Miscellaneous Provisions. ------------------------------------- Subject to the provisions proviso of the last paragraph of Section 10035.3, all money and U.S. Government Obligations Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trusteeTrustee, collectively, collectively for purposes of this Section 130517.5, the "Trustee") pursuant to Section 1304 17.4 in respect of any Securities the Defeased Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including other than the Issuer 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 (and principal, premium, if any) , and interest, but such money need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Trustee 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 Securities deposited pursuant to Section 1304 17.4 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 SecuritiesDefeased Notes. Anything in this Article Thirteen XVII to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Company Request any money or U.S. Government Obligations Securities held by it as provided in Section 1304 with respect to any Securities 17.4 which, in the opinion of a nationally an internationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance.
Appears in 1 contract
Samples: Indenture (RCN Corp /De/)
Deposited Money and U.S. Government Obligations to be Be Held in ------------------------------------------------------------- Trust; Other Miscellaneous Provisions. ------------------------------------- Subject to the provisions of the last paragraph of Section 1003, all All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (Fiscal Agent or other qualifying trustee, collectively, fiscal agent (solely for purposes of this Section 1305and Section 14.6, the Fiscal Agent and any such other fiscal agent are referred to collectively as the "TrusteeFiscal Agent") pursuant to Section 1304 14.4 in respect of any Securities shall be held in trust and applied by the TrusteeFiscal Agent, in accordance with the provisions of such Securities and this IndentureFiscal Agency Agreement, to the payment, either directly or through any such Paying Agent (including the Issuer Company or the Guarantor acting as its own Paying Agent) as the Trustee Fiscal Agent 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) any premium and interest, but such money so held in trust need not be segregated from other funds except to the extent required by law. The Issuer Company or the Guarantor shall pay and indemnify the Trustee Fiscal Agent against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 1304 14.4 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities. Anything in this Article Thirteen to the contrary notwithstanding, the Trustee Fiscal Agent shall deliver or pay to the Issuer Company or the Guarantor from time to time upon Issuer Company Request any money or U.S. Government Obligations held by it as provided in Section 1304 14.4 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 TrusteeFiscal Agent, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance the Defeasance or covenant defeasanceCovenant Defeasance, as the case may be, with respect to such Securities.
Appears in 1 contract
Samples: Fiscal Agency Agreement (Principal Financial Group Inc)
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 13051205, the "Trustee") pursuant to Section 1304 1204 in respect of any the 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 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 premium, if any) and interestinterest (including any Special Interest), but such money need not be segregated from other funds except to the extent required by law. The Issuer 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 1304 1204 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities. Anything in this Article Thirteen Twelve to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Company Request any money or U.S. Government Obligations held by it as provided in Section 1304 with respect to any Securities 1204 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance.
Appears in 1 contract
Samples: Western Wireless Corp
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 100310.3, 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 130513.5, the "Trustee") pursuant to Section 1304 13.4 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 13.4 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities. Anything in this Article Thirteen 13 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 13.4 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.
Appears in 1 contract
Samples: Indenture (Regency Centers Lp)
Deposited Money and U.S. Government Obligations Securities 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 Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively, collectively for purposes of this Section 13051205, the "“Trustee"”) pursuant to Section 1304 1204 in respect of any Securities the 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 (including the Issuer Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Securities, Notes of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money need not be segregated from other funds except to the extent required by law. Money and Government Securities so held in trust are not subject to Article Thirteen. The Issuer Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations Securities deposited pursuant to Section 1304 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 SecuritiesNotes. Anything in this Article Thirteen Twelve to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Company Request any money or U.S. Government Obligations Securities held by it as provided in Section 1304 with respect to any Securities 1204 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent legal defeasance or covenant defeasance, as applicable, in accordance with this Article.
Appears in 1 contract
Samples: Registration Rights Agreement (Alliance Imaging Inc /De/)
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 10038.07 hereof, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively, collectively for purposes of this Section 13058.06, the "Trustee") pursuant to Section 1304 8.05 hereof in respect of any Securities the 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 (including the Issuer Company acting as its own Paying Agent) as 63 65 the Trustee may determine, to the Holders of such Securities, Notes of all sums due and to become due thereon in respect of principal (and of, premium, if any) , interest on and interestLiquidated Damages, if any, with respect to such Notes, but such money need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. cash or Government Obligations Notes deposited pursuant to Section 1304 8.05 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securitiesoutstanding Notes. Anything in this Article Thirteen VIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or U.S. Government Obligations Notes held by it as provided in Section 1304 with respect to any Securities 8.05 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.05(1) hereof), 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.
Appears in 1 contract
Samples: Nortek Inc