Common use of Deposited Money and U.S Clause in Contracts

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.

Appears in 2 contracts

Samples: Spincycle Inc, Spincycle Inc

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Deposited Money and U.S. Government Obligations to be Held in Trust: Other Miscellaneous Provisions. Subject to the proviso of the last paragraph of Section 10.038.06, 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 4.058.05, the "β€œTrustee"”) pursuant to Section 4.04 8.04 in respect of the Defeased outstanding Notes shall will 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 including the CompanyCompany acting as Paying Agent) 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 will pay and indemnify the Trustee, its officers, directors and agents and hold such harmless 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 4.04 8.04 or the principal, premium, if any, 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 Defeased outstanding Notes. Anything Notwithstanding anything in this Article Four 8 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 non-callable U.S. Government Obligations held by it as provided in Section 4.04 8.04 which, in the opinion of an internationally a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.04(a)), 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: Cliffs Natural Resources Inc.

Deposited Money and U.S. Government Obligations To Be Held in Trust; Other Miscellaneous Provisions. Subject to the proviso of the last paragraph of Section 10.039.6 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 4.059.5, the "Trustee") pursuant to Section 4.04 9.4 hereof in respect of the Defeased outstanding 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 such 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 interestinterest (including Special Interest, if any), but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee, its officers, directors and agents and hold such harmless Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations deposited pursuant to Section 4.04 9.4 hereof or the principal, premium, if any, 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 Defeased Notesthereof. Anything in this Article Four 9 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 4.04 9.4 hereof which, in the opinion of an internationally 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 9.4(a) hereof), 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.

Appears in 1 contract

Samples: R&b Falcon Corp

Deposited Money and U.S. Government Securities To Be Held in Trust; Other Miscellaneous Provisions. Subject to the proviso of the last paragraph of Section 10.038.6, 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 4.058.5 only, the "Trustee") pursuant to Section 4.04 8.4 in respect of the Defeased outstanding 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 principalprincipal or Redemption Price of, premiumand Additional Interest, if any, and interestor interest on, the Notes, 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 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 4.04 8.4 or the principal, premium, if any, 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 Defeased outstanding Notes. Anything in this Article Four 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 4.04 8.4 which, in the opinion of an internationally 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 8.4(a)), 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: Crum & Forster Holdings Corp

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Deposited Money and U.S. Government Obligations to Be Held in Trust: Other Miscellaneous Provisions. Subject to the proviso provisions of the last paragraph of Section 10.0310.3, 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 4.0514.5, the "Trustee") pursuant to Section 4.04 14.4 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 including the CompanyCompany acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Notes Notes, of all sums due and to become due thereon in respect of principal, premium, if any, and interest, but such money need . Money so held in trust shall not be segregated from other funds except subject to the extent required by lawprovisions of Article XII. The Company shall pay and indemnify the Trustee, its officers, directors and agents and hold such harmless Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 4.04 14.4 or the principal, premium, if any, 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 Defeased Outstanding Notes. Anything in this Article Four 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 4.04 14.4 which, in the opinion of an internationally 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 (Kranzco Realty Trust)

Deposited Money and U.S. Government Obligations to be Held in Trust; Other Miscellaneous Provisions. Subject to the proviso 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 of this Section 4.05, the "Trustee") pursuant to Section 4.04 15.04 in respect of the Defeased Notes Outstanding Securities of such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (other than including the CompanyCompany acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Notes Securities of all sums due and to become due thereon in respect of principal, 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 Company shall pay and indemnify the Trustee, its officers, directors and agents and hold such harmless Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 4.04 15.04 or the principal, premium, if any, 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 Defeased NotesOutstanding Securities of such series. Anything in this Article Four Fifteen 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 4.04 15.04 which, in the opinion of an internationally 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 "defeasance" or "covenant defeasance".

Appears in 1 contract

Samples: Ford Motor Co Capital Trust I

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