Common use of Deposited Money to be Held in Trust; Other Miscellaneous Provisions Clause in Contracts

Deposited Money to be Held in Trust; Other Miscellaneous Provisions. Subject to Section 10.03, all money (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 14.04 in respect of the Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of Notes, of all sums due and to become due thereon in respect of principal or interest, but money so held in trust need not be segregated from other funds except to the extent required by law. Anything in this Article XIV to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money held by it as provided in Section 14.04 with respect to Notes 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 that would then be required to be deposited to effect an equivalent Defeasance or Covenant Defeasance with respect to the Notes.

Appears in 3 contracts

Samples: Supplemental Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.), Supplemental Indenture (BrightSpring Health Services, Inc.)

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Deposited Money to be Held in Trust; Other Miscellaneous Provisions. Subject to Section 10.03, all money (including the proceeds thereof) deposited with the U.S. Trustee or other qualifying trustee (solely for purposes of this Section and Section 14.06, the U.S. Trustee and any such other trustee are referred to collectively as the “Trustee”) pursuant to Section 14.04 in respect of the Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of Notes, of all sums due and to become due thereon in respect of principal principal, interest or interestInstallment Payments, but money so held in trust need not be segregated from other funds except to the extent required by law. Anything in this Article XIV to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money held by it as provided in Section 14.04 with respect to Notes that, in the opinion of a U.S. nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof that would then be required to be deposited to effect an equivalent Defeasance or Covenant Defeasance with respect to the Notes.

Appears in 2 contracts

Samples: First Supplemental Indenture (GFL Environmental Inc.), Indenture (GFL Environmental Holdings Inc.)

Deposited Money to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10.039.3, all money (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee (solely trustee, collectively for purposes of this Section and Section 14.0613.5, the Trustee and any such other trustee are referred to collectively as the “Trustee”) pursuant to Section 14.04 13.4 in respect of the Outstanding Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of Notes, of all sums due and to become due thereon in respect of principal or (and premium, if any) and interest, if any, but such money so held in trust need not be segregated from other funds except to the extent required by law. Anything in this Article XIV Section 13.5 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money held by it as provided in Section 14.04 with respect to Notes that13.4 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 that which would then be required to be deposited to effect an equivalent Defeasance legal defeasance or Covenant Defeasance covenant defeasance, as applicable, in accordance with respect to the Notesthis Article 12.

Appears in 1 contract

Samples: Indenture (KLX Inc.)

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Deposited Money to be Held in Trust; Other Miscellaneous Provisions. Subject to Section 10.03, all All money (or other property as may be provided hereunder) (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely collectively for purposes of this Section and Section 14.061405, the Trustee and any such other trustee are referred to collectively as the “"Trustee") pursuant to Section 14.04 1404 in respect of the Notes Outstanding Bonds shall be held in trust and applied by the Trustee, in accordance with the provisions of the Notes Bonds and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company Issuer acting as its own Paying Agent) as the Trustee may determine, to the Holders of Notes, of all sums due and to become due thereon in respect of principal or (and Make-Whole Premium, if any) and interest, but such money so held in trust need not be segregated from other funds except to the extent required by law. Anything in this Article XIV Fourteen 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 other property and any proceeds therefrom) held by it as provided in Section 14.04 with respect to Notes that1404 which, in the opinion of a nationally internationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent Defeasance defeasance or Covenant Defeasance covenant defeasance, as applicable, in accordance with respect to the Notesthis Article.

Appears in 1 contract

Samples: Guaranty Agreement (Cedar Brakes I LLC)

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