Deposited U. S. Legal Tender and U.S. Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to Section 9.6, 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 9.5, the "Trustee") pursuant to Section 9.4 in respect of the outstanding 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 as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principal, premium, if any, and interest (and Liquidated Damages, if any), but such money need not be segregated from other funds except to the extent required by law. The Issuers jointly and severally agree to pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Legal Tender or U.S. Government Obligations deposited pursuant to Section 9.4 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 IX to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers from time to time upon the request of the Issuers any U.S. Legal Tender or U.S. Government Obligations held by it as provided in Section 9.4 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 9.4(a)), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 2 contracts
Samples: Indenture (Trump Communications LLC), Indenture (Trump Atlantic City Funding Iii Inc)
Deposited U. S. Legal Tender and U.S. Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to Section 9.6, 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 9.5, the "Trustee") pursuant to Section 9.4 in respect of the outstanding 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 as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principal, premium, if any, and interest (and Liquidated Damages, if any)Contingent Payments, but such money need not be segregated from other funds except to the extent required by law. The Issuers jointly and severally agree Company agrees to pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Legal Tender or U.S. Government Obligations deposited pursuant to Section 9.4 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 IX 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 any U.S. Legal Tender or U.S. Government Obligations held by it as provided in Section 9.4 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 9.4(a)), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 2 contracts
Samples: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)
Deposited U. S. Legal Tender and LEGAL TENDER AND U.S. Government Obligations to Be Held in TrustGOVERNMENT OBLIGATIONS TO BE HELD IN TRUST; Other Miscellaneous ProvisionsOTHER MISCELLANEOUS PROVISIONS. Subject to Section 9.6, 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 9.5, the "Trustee") pursuant to Section 9.4 in respect of the outstanding 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 as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principal, premium, if any, and interest (and Liquidated Damages, if anyincluding Contingent Payments), but such money need not be segregated from other funds except to the extent required by law. The Issuers jointly and severally agree Company agrees to pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Legal Tender or U.S. Government Obligations deposited pursuant to Section 9.4 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 IX 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 any U.S. Legal Tender or U.S. Government Obligations held by it as provided in Section 9.4 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 9.4(a)), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 2 contracts
Samples: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)
Deposited U. S. Legal Tender and U.S. Government Obligations to Be be Held in Trust; Other Miscellaneous Provisions. .
(a) Subject to Section 9.68.06 hereof, all money U.S. Legal Tender and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 9.58.05, the "Trustee") pursuant to Section 9.4 8.04 hereof in respect of the outstanding Securities Senior Notes shall be segregated, held in trust and applied by the Trustee, in accordance with the provisions of such Securities Senior Notes and this Indenture, to the payment, either directly or through any Paying Agent Agent, as the Trustee may determine, to the Holders of such Securities Senior Notes of all sums due and to become due thereon in respect of principal, premium, if any, and interest interest.
(and Liquidated Damages, if any), but such money need not be segregated from other funds except to the extent required by law. b) The Issuers jointly and severally agree to Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Legal Tender or U.S. Government Obligations deposited pursuant to Section 9.4 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 Securities. Senior Notes.
(c) Anything in this Article IX Eight to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers Company from time to time upon the Company's request of the Issuers any U.S. Legal Tender or U.S. Government Obligations held by it as provided in Section 9.4 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 Trustee (which may be the opinion delivered under Section 9.4(a)8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant DefeasanceDefeasance in accordance with Section 8.04. SECTION 8.06. Repayment to the Company. Any U.S. Legal Tender or U.S. Government Obligations deposited with the Trustee or any Paying Agent, in trust for the payment of the principal of, premium, if any, or interest on any Senior Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or shall be discharged from such trust; and the Holder of such Senior Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Delta Financial Corp)
Deposited U. S. Legal Tender and U.S. Government ----------------------------------------------- Obligations to Be be Held in Trust; Other Miscellaneous Provisions. --------------------------------------------------------------- Subject to Section 9.69.7, all money U.S. Legal Tender and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 9.5, 9.5 the "Trustee,") pursuant to Section 9.4 in respect of the outstanding 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 as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principalprincipal of, premium, if any, and interest (and Liquidated Damageson, if any), the Securities but such money need not be segregated from other funds except to the extent required by law. The Issuers Company, the Guarantors and the Parent Guarantor, jointly and severally severally, agree to pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Legal Tender or U.S. Government Obligations deposited pursuant to Section 9.4 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 IX to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers Company from time to time upon the request of the Issuers any U.S. Legal Tender or U.S. Government Obligations held by it as provided in Section 9.4 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 9.4(a)), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Samples: Indenture (Hammond Residential LLC)
Deposited U. S. Legal Tender and LEGAL TENDER AND U.S. Government Obligations to Be Held in TrustGOVERNMENT OBLIGATIONS TO BE HELD IN TRUST; Other Miscellaneous ProvisionsOTHER MISCELLANEOUS PROVISIONS. Subject to Section 9.69.06 hereof, all money U.S. Legal Tender and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 9.59.05, the "Trustee") pursuant to Section 9.4 9.04 hereof in respect of the outstanding Securities Senior Subordinated Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Senior Subordinated Notes and this Indenture, to the payment, either directly or through any Paying Agent Agent, as the Trustee may determine, to the Holders of such Securities Senior Subordinated Notes of all sums due and to become due thereon in respect of principal, premium, if any, and interest (and Liquidated Damages, if any)interest, but such money U.S. Legal Tender and U.S. Government Obligations need not be segregated from other funds except to the extent required by law. The Issuers jointly and severally agree to Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Legal Tender or U.S. Government Obligations deposited pursuant to Section 9.4 9.04 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 SecuritiesSenior Subordinated Notes. Anything in this Article IX Nine to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers Company from time to time upon the Company's request of the Issuers any U.S. Legal Tender or U.S. Government Obligations held by it as provided in Section 9.4 9.04 hereof 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 9.4(a)9.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Samples: Indenture (Trism Inc /De/)
Deposited U. S. Legal Tender and LEGAL TENDER AND U.S. Government Obligations to Be Held in TrustGOVERNMENT OBLIGATIONS TO BE HELD IN TRUST; Other Miscellaneous ProvisionsOTHER MISCELLANEOUS PROVISIONS. Subject to Section 9.6, 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 9.5, the "Trustee") pursuant to Section 9.4 in respect of the outstanding 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 as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principal, premium, if any, and interest (and Liquidated Damages, if any)Contingent Payments, but such money need not be segregated from other funds except to the extent required by law. The Issuers jointly and severally agree Company agrees to pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Legal Tender or U.S. Government Obligations deposited pursuant to Section 9.4 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 IX 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 any U.S. Legal Tender or U.S. Government Obligations held by it as provided in Section 9.4 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 9.4(a)), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Samples: Indenture (Jazz Casino Co LLC)
Deposited U. S. Legal Tender and U.S. Government Obligations to Be be Held in Trust; Other Miscellaneous Provisions. Subject to Section 9.68.06 hereof, all money U.S. Legal Tender and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 9.58.05, the "Trustee") pursuant to Section 9.4 8.04 hereof in respect of the outstanding Securities Senior Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Senior Notes and this Indenture, to the payment, either directly or through any Paying Agent Agent, as the Trustee may determine, to the Holders of such Securities Senior Notes of all sums due and to become due thereon in respect of principal, premium, if any, and interest (and Liquidated Damages, if any)interest, but such money U.S. Legal Tender and U.S. Government Obligations need not be segregated from other funds except to the extent required by law. The Issuers jointly and severally agree to Publishing shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Legal Tender or U.S. Government Obligations deposited pursuant to Section 9.4 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 SecuritiesSenior Notes. Anything in this Article IX Eight to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers Publishing from time to time upon the Publishing's request of the Issuers any U.S. Legal Tender or U.S. Government Obligations held by it as provided in Section 9.4 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 Trustee (which may be the opinion delivered under Section 9.4(a)8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Deposited U. S. Legal Tender and U.S. Government Obligations to Be be Held in Trust; Other Miscellaneous Provisions. Subject to Section 9.68.06 hereof, all money U.S. Legal Tender and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 9.58.05, the "Trustee") pursuant to Section 9.4 8.04 52 hereof in respect of the outstanding Securities Senior Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Senior Notes and this Indenture, to the payment, either directly or through any Paying Agent Agent, as the Trustee may determine, to the Holders of such Securities Senior Notes of all sums due and to become due thereon in respect of principal, premium, if any, and interest (and Liquidated Damages, if any)interest, but such money U.S. Legal Tender and U.S. Government Obligations need not be segregated from other funds except to the extent required by law. The Issuers jointly and severally agree to Publishing shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Legal Tender or U.S. Government Obligations deposited pursuant to Section 9.4 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 SecuritiesSenior Notes. Anything in this Article IX Eight to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers Publishing from time to time upon the Publishing's request of the Issuers any U.S. Legal Tender or U.S. Government Obligations held by it as provided in Section 9.4 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 Trustee (which may be the opinion delivered under Section 9.4(a)8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Deposited U. S. Legal Tender and U.S. Government Obligations to Be be Held in Trust; Other Miscellaneous Provisions. .
(a) Subject to Section 9.68.06 hereof, all money U.S. Legal Tender and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 9.58.05, the "Trustee") pursuant to Section 9.4 8.04 hereof in respect of the outstanding Securities Senior Notes shall be segregated, held in trust and applied by the Trustee, in accordance with the provisions of such Securities Senior Notes and this Indenture, to the payment, either directly or through any Paying Agent Agent, as the Trustee may determine, to the Holders of such Securities Senior Notes of all sums due and to become due thereon in respect of principal, premium, if any, and interest interest.
(and Liquidated Damages, if any), but such money need not be segregated from other funds except to the extent required by law. b) The Issuers jointly and severally agree to Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Legal Tender or U.S. Government Obligations deposited pursuant to Section 9.4 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 Securities. Senior Notes.
(c) Anything in this Article IX Eight to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers Company from time to time upon the Company's request of the Issuers any U.S. Legal Tender or U.S. Government Obligations held by it as provided in Section 9.4 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 Trustee (which may be the opinion delivered under Section 9.4(a)8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant DefeasanceDefeasance in accordance with Section 8.04.
Appears in 1 contract
Samples: Indenture (Delta Financial Corp)
Deposited U. S. Legal Tender and U.S. Government Obligations to Be be Held in Trust; Other Miscellaneous Provisions. ------------------------------------------------------------- Subject to Section 9.69.06 hereof, all money U.S. Legal Tender and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 9.59.05, the "Trustee"ATrustee@) pursuant to Section 9.4 9.04 hereof in respect of the outstanding Securities Senior Subordinated Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Senior Subordinated Notes and this Indenture, to the payment, either directly or through any Paying Agent Agent, as the Trustee may determine, to the Holders of such Securities Senior Subordinated Notes of all sums due and to become due thereon in respect of principal, premium, if any, and interest (and Liquidated Damages, if any)interest, but such money U.S. Legal Tender and U.S. Government Obligations need not be segregated from other funds except to the extent required by law. The Issuers jointly and severally agree to Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Legal Tender or U.S. Government Obligations deposited pursuant to Section 9.4 9.04 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 SecuritiesSenior Subordinated Notes. Anything in this Article IX Nine to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers Company from time to time upon the Company=s request of the Issuers any U.S. Legal Tender or U.S. Government Obligations held by it as provided in Section 9.4 9.04 hereof 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 9.4(a)9.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Samples: Indenture (Trism Inc /De/)
Deposited U. S. Legal Tender and LEGAL TENDER AND U.S. Government Obligations to Be Held in TrustGOVERNMENT OBLIGATIONS TO BE HELD IN TRUST; Other Miscellaneous Provisions. OTHER MISCELLANEOUS PROVISIONS Subject to Section 9.64.06, 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 9.5, the "Trustee") pursuant to Section 9.4 4.04 in respect of the outstanding Outstanding Securities of any series 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 as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principal, premium, if any, principal and interest (and Liquidated Damages, if any)interest, but such money need not be segregated from other funds except to the extent required by law. The Issuers jointly and severally agree Company agrees to pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Legal Tender or U.S. Government Obligations deposited pursuant to Section 9.4 4.04 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 Securities. Anything in this Article IX 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 any U.S. Legal Tender or U.S. Government Obligations held by it as provided in Section 9.4 4.04 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 9.4(a4.04(a)), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Samples: Indenture (Price/Costco Inc)
Deposited U. S. Legal Tender and U.S. Government Obligations to Be be Held in Trust; Other Miscellaneous Provisions. Subject to Section 9.69.06 hereof, all money U.S. Legal Tender and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 9.59.05, the "Trustee") pursuant to Section 9.4 9.04 hereof in respect of the outstanding Securities Senior Subordinated Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities Senior Subordinated Notes and this Indenture, to the payment, either directly or through any Paying Agent Agent, as the Trustee may determine, to the Holders of such Securities Senior Subordinated Notes of all sums due and to become due thereon in respect of principal, premium, if any, and interest (and Liquidated Damages, if any)interest, but such money U.S. Legal Tender and U.S. Government Obligations need not be segregated from other funds except to the extent required by law. The Issuers jointly and severally agree to Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Legal Tender or U.S. Government Obligations deposited pursuant to Section 9.4 9.04 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 SecuritiesSenior Subordinated Notes. Anything in this Article IX Nine to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers Company from time to time upon the Company's request of the Issuers any U.S. Legal Tender or U.S. Government Obligations held by it as provided in Section 9.4 9.04 hereof 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 9.4(a)9.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
Appears in 1 contract
Samples: Indenture (Trism Inc /De/)
Deposited U. S. Legal Tender and U.S. Government Obligations to Be be Held in Trust; Other Miscellaneous Provisions. .
(a) Subject to Section 9.68.06 hereof, all money U.S. Legal Tender and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 9.58.05, the "Trustee") pursuant to Section 9.4 8.04 hereof in respect of the outstanding Securities Senior Notes shall be segregated, held in trust and applied by the Trustee, in accordance with the provisions of such Securities Senior Notes and this Indenture, to the payment, either directly or through any Paying Agent Agent, as the Trustee may determine, to the Holders of such Securities Senior Notes of all sums due and to become due thereon in respect of principal, premium, if any, and interest interest.
(and Liquidated Damages, if any), but such money need not be segregated from other funds except to the extent required by law. b) The Issuers jointly and severally agree to Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Legal Tender or U.S. Government Obligations deposited pursuant to Section 9.4 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 Securities. Senior Notes.
(c) Anything in this Article IX Eight to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers Company from time to time upon the Company’s request of the Issuers any U.S. Legal Tender or U.S. Government Obligations held by it as provided in Section 9.4 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 Trustee (which may be the opinion delivered under Section 9.4(a)8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant DefeasanceDefeasance in accordance with Section 8.04. SECTION 8.06. Repayment to the Company. Any U.S. Legal Tender or U.S. Government Obligations deposited with the Trustee or any Paying Agent, in trust for the payment of the principal of, premium, if any, or interest on any Senior Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or shall be discharged from such trust; and the Holder of such Senior Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Delta Financial Corp)