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

Deposited Money and U.S. Government Securities To Be Held in Trust; Other Miscellaneous Provisions. Subject to Section 8.6, all money and U.S. Government 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 8.4 in respect of the 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 an Issuer) as the Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal or Redemption Price of, or interest on, the Notes, that such money need not be segregated from other funds except to the extent required by law. The Issuers shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Securities deposited pursuant to Section 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 of the outstanding Notes. Anything in this Article VIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers from time to time upon the request of the Issuers any money or U.S. Government Securities held by it as provided in Section 8.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 8.4(1)), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 2 contracts

Samples: Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC)

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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 8.610.03, all money and U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 8.5 only4.05, the "Trustee") pursuant to Section 8.4 4.04 in respect of the outstanding 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 an Issuerthe 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 or Redemption Price ofprincipal, or interest onpremium, the Notesif any, that and interest, but such money need not be segregated from other funds except to the extent required by law. The Issuers 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 cash or U.S. Government Securities Obligations deposited pursuant to Section 8.4 4.04 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 of the outstanding Defeased Notes. Anything in this Article VIII Four to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers Company from time to time upon the request of the Issuers Company Request any money or U.S. Government Securities Obligations held by it as provided in Section 8.4 4.04 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 (which may be the opinion delivered under Section 8.4(1))Trustee, are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 2 contracts

Samples: Indenture (Spincycle Inc), Indenture (Spincycle Inc)

Deposited Money and U.S. Government Securities To Be Obligations to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 8.610.03, all money and U.S. Government Securities Obligations (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 8.4 15.04 in respect of the outstanding 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 an Issuerincluding the Company 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 or Redemption Price of(and premium, or interest onif any) and interest, the Notes, that but such money need not be segregated from other funds except to the extent required by law. The Issuers 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 Securities Obligations deposited pursuant to Section 8.4 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 of the outstanding NotesOutstanding Securities of such series. Anything in this Article VIII Fifteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers Company, from time to time upon the request of the Issuers Company Request, any money or U.S. Government Securities Obligations held by it as provided in Section 8.4 15.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 8.4(1))Trustee, are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent Legal Defeasance "defeasance" or Covenant Defeasance"covenant defeasance".

Appears in 1 contract

Samples: Indenture (Ford Motor Co Capital Trust I)

Deposited Money and U.S. Government Securities To Obligations to Be Held in Trust; : Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 8.610.3, all money and U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee-collectively, collectively for purposes of this Section 8.5 only14.5, the "Trustee") pursuant to Section 8.4 14.4 in respect of the 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 an Issuerincluding the Company 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 or Redemption Price ofprincipal, or interest onpremium, the Notesif any, that such money need and interest. Money so held in trust shall not be segregated from other funds except subject to the extent required by lawprovisions of Article XII. The Issuers 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 Securities Obligations deposited pursuant to Section 8.4 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 Outstanding Notes. Anything in this Article VIII XIV to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers Company from time to time upon the request of the Issuers Company Request any money or U.S. Government Securities Obligations held by it as provided in Section 8.4 14.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 8.4(1))Trustee, are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 1 contract

Samples: Indenture (Kranzco Realty Trust)

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Deposited Money and U.S. Government Securities To Obligations to Be Held in TrustTrusts; Other Miscellaneous Provisions. Subject to Section 8.6, all All money and U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, trustee -- collectively for purposes of this Section 8.5 only4.5, the "Trustee") pursuant to Section 8.4 4.4 in respect of the outstanding Notes Outstanding Securities 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 an Issuerincluding the Company 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 or Redemption Price ofand interest, or interest on, the Notes, that but such money need not be segregated from other funds except to the extent required by law. The Issuers 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 Securities Obligations deposited pursuant to Section 8.4 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 of the outstanding NotesOutstanding Securities. Anything in this Article VIII IV to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers Company from time to time upon the request of the Issuers Company Request any money or U.S. Government Securities Obligations held by it as provided in Section 8.4 4.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 8.4(1))Trustee, are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 1 contract

Samples: Indenture (Conseco Inc)

Deposited Money and U.S. Government Securities To Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 8.610.3, all money United States dollars and U.S. Government Securities Obligations (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 8.4 4.4 in respect of the outstanding Notes Defeased Securities 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 an Issuerexcluding the Company or any of its Affiliates acting as 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 or Redemption Price ofprincipal, or interest onpremium, the Notesif any, that and interest, but such money need not be segregated from other funds except to the extent required by law. The Issuers 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 Securities Obligations deposited pursuant to Section 8.4 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 of the outstanding NotesDefeased Securities. Anything in this Article VIII Four to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers Company from time to time upon the request of the Issuers Company Request any money United States dollars or U.S. Government Securities Obligations held by it as provided in Section 8.4 4.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 8.4(1))Trustee, are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 1 contract

Samples: Indenture (Bki Asset Management Corp)

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