Common use of DEPOSITED MONIES TO BE HELD IN TRUST Clause in Contracts

DEPOSITED MONIES TO BE HELD IN TRUST. Subject to Section 3.03 hereof, all monies deposited with the Trustee pursuant to Section 3.01 hereof shall be held in trust and applied by it to the payment, either directly or through any Paying Agent (including the Company if acting as its own Paying Agent), to the Holders for the payment of which such monies have been deposited with the Trustee, of all sums due and to become due thereon for principal and interest. All monies deposited with the Trustee pursuant to Section 3.01 hereof (and held by it or any Paying Agent) for the payment of Notes subsequently converted shall be returned to the Company upon written request of the Company.

Appears in 5 contracts

Samples: First Supplemental Indenture (Greenbrier Companies Inc), Indenture (Greenbrier Companies Inc), Greenbrier Companies Inc

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DEPOSITED MONIES TO BE HELD IN TRUST. Subject to Section 3.03 hereof, all monies deposited with the Trustee pursuant to Section 3.01 hereof shall be held in trust and applied by it to the payment, either directly or through any Paying Agent (including the Company if acting as its own Paying Agent), to the Holders for the payment or repurchase of which such monies have been deposited with the Trustee, of all sums due and to become due thereon for principal principal, premium, if any, and interest. All monies deposited with the Trustee pursuant to Section 3.01 hereof (and held by it or any Paying Agent) for the payment of Notes subsequently converted shall be returned to the Company upon written request of the Company.

Appears in 5 contracts

Samples: Indenture (Mannkind Corp), Indenture (Mannkind Corp), Indenture (Mannkind Corp)

DEPOSITED MONIES TO BE HELD IN TRUST. Subject to Section 3.03 hereof3.3, all monies deposited with the Trustee pursuant to Section 3.01 hereof 3.1 shall be held in trust and applied by it to the payment, notwithstanding the provisions of Article 13, either directly or through any Paying Agent (including the Company if acting as its own Paying Agent), to the Holders of the particular Securities for the payment or redemption of which such monies have been deposited with the Trustee, of all sums due and to become due thereon for principal principal, premium, if any, and interestinterest (including Additional Amounts, if any). All monies deposited with the Trustee pursuant to Section 3.01 hereof 3.1 (and held by it or any Paying Agent) for the payment of Notes Securities subsequently converted shall be returned to the Company upon written the earlier of the request of the CompanyCompany and the date on which there are no Securities outstanding.

Appears in 1 contract

Samples: Vitesse Semiconductor Corp

DEPOSITED MONIES TO BE HELD IN TRUST. Subject to Section 3.03 3.3 hereof, all monies deposited with the Trustee pursuant to Section 3.01 3.1 hereof shall be held in trust and applied by it to the payment, notwithstanding the provisions of Article 13 hereof, either directly or through any Paying Agent (including the Company if acting as its own Paying Agent), to the Holders of the particular Securities for the payment or redemption of which such monies have been deposited with the Trustee, of all sums due and to become due thereon for principal principal, premium, if any, and interest. All monies deposited with the Trustee pursuant to Section 3.01 3.1 hereof (and held by it or any Paying Agent) for the payment of Notes Securities subsequently converted shall be returned to the Company upon written request of the Company.

Appears in 1 contract

Samples: Indenture (Cv Therapeutics Inc)

DEPOSITED MONIES TO BE HELD IN TRUST. Subject to Section 3.03 3.3 hereof, all monies deposited with the Trustee pursuant to Section 3.01 3.1 hereof shall be held in trust and applied by it to the payment, payment either directly or through any the Paying and Conversion Agent (including the Company Issuer if acting as its own Paying and Conversion Agent), to the Holders of the particular Notes for the payment or redemption of which such monies have been deposited with the Trustee, of all sums due and to become due thereon for principal and interestinterest (including Additional Interest, if any). All monies deposited with the Trustee pursuant to Section 3.01 3.1 hereof (and held by it or any the Paying and Conversion Agent) for the payment of Notes subsequently converted shall be returned to the Company Issuer upon written request of the CompanyIssuer.

Appears in 1 contract

Samples: Indenture (BMB Munai Inc)

DEPOSITED MONIES TO BE HELD IN TRUST. Subject to Section 3.03 3.3 hereof, all monies deposited with the Trustee pursuant to Section 3.01 3.1 hereof shall be held in trust and applied by it to the payment, payment either directly or through any the Paying and Conversion Agent (including the Company Issuer if acting as its own Paying and Conversion Agent), to the Holders of the particular Notes for the payment or redemption of which such monies have been deposited with the Trustee, of all sums due and to become due thereon for principal and interestinterest (including Supplemental Interest, if any). All monies deposited with the Trustee pursuant to Section 3.01 3.1 hereof (and held by it or any the Paying and Conversion Agent) for the payment of Notes subsequently converted shall be returned to the Company Issuer upon written request of the CompanyIssuer.

Appears in 1 contract

Samples: Indenture (BMB Munai Inc)

DEPOSITED MONIES TO BE HELD IN TRUST. Subject to Section 3.03 3.3 hereof, all monies deposited with the Trustee pursuant to Section 3.01 3.1 hereof shall be held in trust and applied by it to the payment, notwithstanding the provisions of Article 13 hereof, either directly or through any Paying Agent (including the Company if acting as its own Paying Agent), to the Holders of the particular Securities for the payment or redemption of which such monies have been deposited with the Trustee, of all sums due and to become due thereon for principal and interestinterest (including Liquidated Damages, if any). All monies deposited with the Trustee pursuant to Section 3.01 3.1 hereof (and held by it or any Paying Agent) for the payment of Notes Securities subsequently converted shall be returned to the Company upon written request of the Company.

Appears in 1 contract

Samples: Equinix Inc

DEPOSITED MONIES TO BE HELD IN TRUST. Subject to Section 3.03 3.3 hereof, all monies deposited with the Trustee pursuant to Section 3.01 3.1 hereof shall be held in trust and applied by it to the payment, notwithstanding the provisions of Article XIII hereof, either directly or through any Paying Agent (including the Company if acting as its own Paying Agent), to the Holders of the particular Securities for the payment or redemption of which such monies have been deposited with the Trustee, of all sums due and to become due thereon for principal and interestinterest (including Liquidated Damages, if any). All monies deposited with the Trustee pursuant to Section 3.01 3.1 hereof (and held by it or any Paying Agent) for the payment of Notes Securities subsequently converted shall be returned to the Company upon written request of the Company.

Appears in 1 contract

Samples: Indenture (Nektar Therapeutics)

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DEPOSITED MONIES TO BE HELD IN TRUST. Subject to Section 3.03 hereof3.03, all monies deposited with the Trustee pursuant to Section 3.01 hereof shall be held in trust and applied by it to the payment, notwithstanding the provisions of Article XIII, either directly or through any Paying Agent (including the Company if acting as its own Paying Agent), to the Holders of the particular Notes for the payment or redemption of which such monies have been deposited with the Trustee, of all sums due and to become due thereon for principal principal, premium, if any, and interestinterest (including Additional Interest, if any). All monies deposited with the Trustee pursuant to Section 3.01 hereof (and held by it or any Paying Agent) for the payment of Notes subsequently converted shall be returned to the Company upon written request of the Company.

Appears in 1 contract

Samples: Lecroy Corp

DEPOSITED MONIES TO BE HELD IN TRUST. Subject to Section 3.03 hereof, all monies deposited with the Trustee pursuant to Section 3.01 hereof shall be held in trust and applied by it to the payment, either directly or through any Paying Agent (including the Company if acting as its own Paying Agent), to the Holders of the particular Securities for the payment or redemption of which such monies have been deposited with the Trustee, of all sums due and to become due thereon for principal and interestinterest (including Liquidated Damages and Additional Tax Amounts, if any). All monies deposited with the Trustee pursuant to Section 3.01 hereof (and held by it or any Paying Agent) for the payment of Notes Securities subsequently converted shall be returned to the Company upon written request of the Company.

Appears in 1 contract

Samples: Senior Indenture (M-Systems Flash Disk Pioneers LTD)

DEPOSITED MONIES TO BE HELD IN TRUST. Subject to Section 3.03 hereof3.3, all monies deposited with the Trustee pursuant to Section 3.01 hereof 3.1 shall be held in trust and applied by it to the payment, notwithstanding the provisions of Article 13, either directly or through any Paying Agent (including the Company if acting as its own Paying Agent), to the Holders of the particular Securities for the payment or redemption of which such monies have been deposited with the Trustee, of all sums due and to become due thereon for principal principal, premium, if any, and interestinterest (including Additional Amounts, if any). All monies deposited with the Trustee pursuant to Section 3.01 hereof 3.1 (and held by it or any Paying Agent) for the payment of Notes Securities subsequently converted shall be returned to the Company upon written request of the Company.

Appears in 1 contract

Samples: Curagen Corp

DEPOSITED MONIES TO BE HELD IN TRUST. Subject to Section 3.03 3.3 hereof, all monies deposited with the Trustee pursuant to Section 3.01 3.1 hereof shall be held in trust and applied by it to the payment, notwithstanding the provisions of Article 13 hereof, either directly or through any Paying Agent (including the Company if acting as its own Paying Agent), to the Holders of the particular Securities for the payment of which such monies have been deposited with the Trustee, of all sums due and to become due thereon for principal principal, premium, if any, and interest. All monies deposited with the Trustee pursuant to Section 3.01 3.1 hereof (and held by it or any Paying Agent) for the payment of Notes Securities subsequently converted shall be returned to the Company upon written request of the Company.

Appears in 1 contract

Samples: Cyberonics Inc

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