Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the Debt Securities of any series, or any Tranche thereof, it shall, on or before each due date of the principal of and premium, if any, and interest (including Additional Interest), if any, on any of such Debt Securities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and premium or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall promptly notify the Trustee of any failure by the Company (or any other obligor on such Debt Securities) to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securities. Whenever the Company shall have one or more Paying Agents for the Debt Securities of any series, or any Tranche thereof, it shall, on or before each due date of the principal of and premium, if any, and interest (including Additional Interest), if any, on such Debt Securities, deposit with such Paying Agents sums sufficient (without duplication) to pay the principal and premium or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest), and (unless such Paying Agent is the Trustee) the Company shall promptly notify the Trustee of any failure by it so to act. The Company shall cause each Paying Agent for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall: (a) hold all sums held by it for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on such Debt Securities in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided; (b) give the Trustee notice of any failure by the Company (or any other obligor upon such Debt Securities) to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securities; and (c) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sums. The Company may at any time pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VII; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on any Debt Security and remaining unclaimed for two years after such principal and premium, if any, or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, if then held by the Company, shall be discharged from such trust; and, upon such payment or discharge, the Holder of such Debt Security shall, as an unsecured general creditor and not as a Holder of an Outstanding Debt Security, look only to the Company for payment of the amount so due and payable and remaining unpaid, 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 payment to the Company, may at the expense of the Company cause to be mailed, on one occasion only, notice to such Holder 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 mailing, any unclaimed balance of such money then remaining will be paid to the Company.
Appears in 6 contracts
Samples: Indenture (Progress Energy Inc), Indenture (Devon Energy Corp/De), Indenture (For Subordinated Debt Securities) (Devon Financing Trust Ii)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, by or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 18.2, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 6 contracts
Samples: Indenture (Pinnacle Entertainment Inc), Indenture (Pinnacle Entertainment Inc), Indenture (MGM Grand Inc)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereof, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, by 10:00 a.m. (New York City time) on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. Notwithstanding any term herein to the contrary, in no instance shall the Trustee be under any duty or obligation (i) to maintain any office or to act in any capacity as an agent for any purpose under this Indenture (or any supplement hereto) outside the United States, or (ii) to act as a Paying Agent in respect of any currency other than Dollars. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedtransmitted, on one occasion onlyin the manner and to the extent provided by Section 1.5, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 6 contracts
Samples: Indenture (Nicolet Bankshares Inc), Indenture (Heritage Financial Group Inc), Indenture (Sigma Aldrich Corp)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any seriesand Coupons, or any Tranche thereofif any, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall PROVIDED, and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofand Coupons, it shallwill, by or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor Coupon shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.05, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 5 contracts
Samples: Indenture (Harrahs Entertainment Inc), Indenture (Hilton Hotels Corp), Indenture (Hilton Hotels Corp)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any particular series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or not more than one Business Day before each due date of the principal of (and premium, if any, and interest (including Additional Interest)) or interest, if any, on any of such the Debt SecuritiesSecurities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum (except as otherwise specified pursuant to Section 3.1 for the Debt Securities of such series) sufficient to pay the principal (and premium or interest (including Additional Interestpremium, if any) and interest, if any, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee for the Debt Securities of any such series of its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the any particular series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before prior to each due date of the principal of (and premium, if any, and interest (including Additional Interest)) or interest, if any, on any such Debt Securities, deposit with a Paying Agent for the Debt Securities of such Paying Agents sums series a sum sufficient (without duplication) to pay the principal (and premium or interest (including Additional Interestpremium, if any) and interest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless such Paying Agent is the TrusteeTrustee for the Debt Securities of such series) the Company shall will promptly notify the such Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for any particular series of Debt Securities other than the Trustee for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, such series to execute and deliver to the such Trustee an instrument in which such Paying Agent shall agree with the such Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest)interest, if any, on such Debt Securities of that series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the such Trustee notice of any failure default by the Company (or any other obligor upon such Debt Securities) to make in the making of any payment of principal of (or premium, if any, or interest (including Additional Interest)) and interest, if any, on such Debt Securities; andSecurities of that series;
(c3) at any time during the continuance continuation of any such default, upon the written request of the such Trustee, forthwith pay to the such Trustee all sums so held in trust by such Paying Agent Agent; and
(4) acknowledge, accept and furnish agree to comply in all respects with the provisions of this Indenture relating to the Trustee duties, rights and disabilities of such information as it possesses regarding the names and addresses of the Persons entitled to such sumsPaying Agent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee for the Debt Securities of any series all sums held in trust by the Company or such Paying Agent, such sums to be held by the such Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the such Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee for the Debt Securities of any series or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, or interest (including Additional Interest)) and interest, if any, on any Debt Security of any particular series and remaining unclaimed for two years after such principal (and premium, if any) and interest, or interest (including Additional Interest) if any, has become due and payable shall shall, unless otherwise required by mandatory provisions of applicable escheat, abandoned or unclaimed property law, be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trusttrusts; and, upon such payment or discharge, and the Holder of such Debt Security shall, thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the such 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 such Trustee or such Paying Agent, before being required to make any such payment repayment may mail written notice to each such Holder of such Debt Security in the Companymanner set forth in Section 1.5, may or may, in its discretion, in the name and at the expense of the Company Company, cause to be mailedpublished at least once in a newspaper published in the English language customarily on each Business Day and of general circulation in the Borough of Manhattan, on one occasion onlythe City of New York, notice to such Holder 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 mailingmailing or publication, any unclaimed balance of such money then remaining will will, unless otherwise required by mandatory provisions of applicable escheat, abandoned or unclaimed property law, be paid repaid to the Company.
Appears in 5 contracts
Samples: Indenture (American Financial Capital Trust I), Indenture (American Financial Group Inc), Indenture (Provident Capital Trust Iv)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, by or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this SectionSection 12.04, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.05, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 5 contracts
Samples: Senior Debt Indenture (Calgon Carbon Corporation), Subordinated Debt Indenture (Calgon Carbon Corporation), Subordinated Debt Indenture (MOB Corp)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including any Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including any Additional Interest), if any, ) on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including any Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including any Additional Interest), and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including any Additional Interest), if any, ) on such Debt Securities of such series and any appurtenant coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including any Additional Interest), if any, ) on the Debt Securities of such Debt Securitiesseries or any appurtenant coupons; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Eligible Instruments deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including any Additional Interest), if any, ) on any Debt Security of any series or any appurtenant coupons or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder's option for repayment pursuant to Section 1106 or 1303 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor any coupon appertaining thereto shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney (including the principal and interest received on Eligible Instruments deposited with the Trustee), 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in the Borough of Manhattan, The City of New York, and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 4 contracts
Samples: Indenture (Wells Fargo Capital Iv), Indenture (South Financial Group Inc), Indenture (Indymac Bancorp Inc)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall will at any time act as its own Paying Agent with respect to the Debt Securities of any series, or any Tranche thereofAgent, it shallwill, on or before each due date of the principal of and premium, if any, and or interest (including Additional Interest), if any, on any of such the Debt Securities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in Dollars sufficient to pay the principal and premium or interest (including Additional Interest) interest, as the case may be, so becoming due until such sums shall will be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesso act. Whenever the Company shall will have one or more Paying Agents for the Debt Securities of any series, or any Tranche thereofAgents, it shallwill, on or before prior to each due date of the principal of and premium, if any, and or interest (including Additional Interest), if any, on such any Debt Securities, deposit with such any Paying Agents sums Agent a sum in Dollars sufficient (without duplication) to pay the principal and premium or interest (including Additional Interest) interest, as the case may be, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it to so to act. The Company shall will cause each Paying Agent for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall will agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on such the Debt Securities in trust for the benefit of the Persons entitled thereto until such sums shall will be paid to such Persons or otherwise disposed of as herein providedprovided in or under this Indenture;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon such Debt Securities) to make in the making of any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such the Debt Securities; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts terms as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall will be released from all further liability with respect to such moneysums. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on any Debt Security and remaining unclaimed for two years after such principal and premium, if any, or interest (including Additional Interest) has will have become due and payable shall will be paid to the Company on upon a Company Request, or, or (if then held by the Company, shall ) will be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallwill thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such payment to repayment, may, not later than 30 days after the Company’s request for such repayment, may at the expense of the Company Company, cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper in each Place of Payment or to be delivered to such Holders of Debt Securities, or both, notice to such Holder that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such mailingpublication or delivery nor will it be earlier than two years after such principal and or interest will have become due and payable, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 4 contracts
Samples: Indenture (City Holding Co), Indenture (City Holding Co), Indenture (City Holding Co)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the Debt Securities of any series, or any Tranche thereof, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of such the Debt SecuritiesSecurities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for with respect to the Debt Securities of any series, it will, by or any Tranche thereof, it shall, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on such any Debt SecuritiesSecurities of that series, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming duedue (in same day funds and, if a Global Note is Outstanding, by 10:00 a.m., New York City time, in order for the Trustee to make payment to the U.S. Depositary for the Debt Securities of such series in accordance with rules of such U.S. Depositary), such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for with respect to the Debt Securities of any series, or any Tranche thereof, series other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of that series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b) give the Trustee notice of any failure default by the Company (or any other obligor upon such the Debt SecuritiesSecurities of that series) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on such the Debt SecuritiesSecurities of that series; and
(c) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may shall at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 11.02, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the CompanyCompany upon Company Request.
Appears in 3 contracts
Samples: Indenture (Ramparts, Inc.), Indenture (MRG Vegas Portal, Inc.), Indenture (MGM Mirage)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereof, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, by 10:00 a.m. (New York City time) on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. Notwithstanding any term herein to the contrary, in no instance shall the Trustee be under any duty or obligation (i) to maintain any office or to act in any capacity as an agent for any purpose under this Indenture (or any supplement hereto) outside the United States, or (ii) to act as a Paying Agent in respect of any Currency other than Dollars. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedtransmitted, on one occasion onlyin the manner and to the extent provided by Section 1.5, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Reinsurance Group of America Inc), Indenture (Reinsurance Group of America Inc), Junior Subordinated Indenture (Reinsurance Group of America Inc)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the Debt Securities of any series, or any Tranche thereof, it shall, on or before each due date of the principal of and premium, if any, and interest (including Additional Interest)interest, if any, on any of such Debt Securities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and premium or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall promptly notify the Trustee of any failure by the Company (or any other obligor on such Debt Securities) to make any payment of principal of or premium, if any, or interest (including Additional Interest)interest, if any, on such Debt Securities. Whenever the Company shall have one or more Paying Agents for the Debt Securities of any series, or any Tranche thereof, it shall, on or before each due date of the principal of and premium, if any, and interest (including Additional Interest)interest, if any, on such Debt Securities, deposit with such Paying Agents sums sufficient (without duplication) to pay the principal and premium or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall promptly notify the Trustee of any failure by it so to act. The Company shall cause each Paying Agent for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:
(a) hold all sums held by it for the payment of the principal of and premium, if any, or interest (including Additional Interest)interest, if any, on such Debt Securities in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b) give the Trustee notice of any failure by the Company (or any other obligor upon such Debt Securities) to make any payment of principal of or premium, if any, or interest (including Additional Interest)interest, if any, on such Debt Securities; and
(c) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sums. The Company may at any time pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VII; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of and premium, if any, or interest (including Additional Interest)interest, if any, on any Debt Security and remaining unclaimed for two years after such principal and premium, if any, or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, if then held by the Company, shall be discharged from such trust; and, upon such payment or discharge, the Holder of such Debt Security shall, as an unsecured general creditor and not as a Holder of an Outstanding Debt Security, look only to the Company for payment of the amount so due and payable and remaining unpaid, 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 payment to the Company, may at the expense of the Company cause to be mailed, on one occasion only, notice to such Holder 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 mailing, any unclaimed balance of such money then remaining will be paid to the Company.
Appears in 3 contracts
Samples: Indenture (Carolina Power & Light Co), Indenture (For Subordinated Debt Securities) (Florida Power Corp /), Indenture (North Carolina Natural Gas Corp)
Money for Debt Securities Payments to Be Held in Trust. If The Issuer and each of the Company Guarantors agrees, for the benefit of the Holders from time to time of the Debt Securities, that, until all of the Debt Securities of the applicable series are no longer outstanding or until moneys for the payment of all of the principal of (and premium, if any) and interest on all outstanding Debt Securities of such series shall have been made available at the principal office of the Paying Agents and paid to the Holders thereof or returned to the Issuer or to the applicable Guarantor pursuant to clause (i) of Section 1003, whichever occurs later, there shall at any time act as its own all times be a Paying Agent with respect hereunder. The Issuer and each of the Guarantors agrees, for the benefit of the Holders from time to time of the Debt Securities of any seriesseries denominated in a Foreign Currency, that, until all of the Debt Securities of the applicable series are no longer outstanding or any Tranche thereof, it shall, on or before each due date until moneys for the payment of all of the principal of (and premium, if any, ) and interest (including Additional Interest), if any, on any all outstanding Debt Securities of such series denominated in a Foreign Currency shall have been made available at the principal office of the London Paying Agent and paid to the holders thereof or returned to the Issuer or to the applicable Guarantor pursuant to clause (i) of Section 1003, whichever occurs later, there shall at all times be a London Paying Agent hereunder (and such London Paying Agent, unless otherwise specified pursuant to Section 301, shall also act as Authenticating Agent for such series pursuant to Section 312). Unless otherwise specified in accordance with Section 301 with respect to any series of Debt Securities, segregate the Issuer and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and premium or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall promptly notify the Trustee of any failure by the Company (or any other obligor on such Debt Securities) to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securities. Whenever the Company shall have one or more Paying Agents for the Debt Securities of any series, or any Tranche thereof, it shall, on or before each due date of the principal of and premium, if any, and interest (including Additional Interest), if any, on such Debt Securities, deposit with such Paying Agents sums sufficient (without duplication) to pay the principal and premium or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest), and (unless such Paying Agent is the Trustee) the Company shall promptly notify the Trustee of any failure by it so to act. The Company shall cause each Paying Agent for the Debt Securities of any series, or any Tranche thereof, other than the Company or Guarantors hereby appoint the Trustee, to execute and deliver at present having an office at 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx, as its Principal Paying Agent in New York to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions extent any series of this Section, that such Paying Agent shall:
(a) hold all sums held by it for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on such Debt Securities are denominated in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b) give the Trustee notice of any failure by the Company (or any other obligor upon such Debt Securities) to make any payment of principal of or premiumU.S. Dollars, if any, or interest (including Additional Interest), if any, on such Debt Securities; and
(c) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sums. The Company may at any time pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held extent any series of Debt Securities are listed on the Luxembourg Stock Exchange as provided in trust by the Company or such Section 000, Xxxxx Xxxxxxxxx Xxxx Xxxxxxxxxx S.A., at present having an office at 0 Xxx Xxxxxxx, X-0000 Xxxxxxxxxx, as its Luxembourg Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trusteeextent any series of Debt Securities are denominated in euros as provided in Section 000, in accordance with the provisions of Article VII; andXxx Xxxxx Xxxxxxxxx Xxxx, upon such payment by any Paying Agent to the TrusteeXxxxxx Branch, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agentat present having an office at Trinity Tower, or then held by the Company9 Xxxxxx Xxxx Street, in trust for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on any Debt Security and remaining unclaimed for two years after such principal and premium, if any, or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, if then held by the Company, shall be discharged from such trust; and, upon such payment or discharge, the Holder of such Debt Security shallLondon E1W 1YT, as an unsecured general creditor and not as a Holder of an Outstanding Debt Security, look only to the Company for payment of the amount so due and payable and remaining unpaid, and all liability of the Trustee or such its Principal Paying Agent with respect to such trust moneyseries, and all liability in respect of the Company Debt Securities, upon the terms and subject to the conditions herein and therein set forth, it being understood that in their capacity as trustee thereofPaying Agents hereunder, The Chase Manhattan Bank, Chase Manhattan Bank Luxembourg S.A. and The Chase Manhattan Bank, London Branch, will perform their duties exclusively through their offices in New York, Luxembourg and London, respectively. The Paying Agents shall thereupon cease; providedarrange for the payment, howeverfrom funds furnished by the Issuer or either Guarantor to the applicable Paying Agents of the principal of (and premium, that if any) and interest on each series of Debt Securities on the Trustee date such payments become due and payable. With respect to each series of Debt Securities for which The Chase Manhattan Bank, Chase Manhattan Bank Luxembourg S.A. and The Chase Manhattan Bank, London Branch, serve as Paying Agents, such Paying Agent shall have the powers and authority granted to and conferred upon them herein and in the notes or other instrument evidencing such series of Debt Securities. Any Paying Agent, before being required Authenticating Agent or Securities Registrar appointed herein or otherwise specified in accordance with Section 301 with respect to make any such payment series of Debt Securities shall be afforded the rights and protections afforded the Trustee pursuant to the Company, may at the expense of the Company cause to be mailed, on one occasion only, notice to such Holder 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 mailing, any unclaimed balance of such money then remaining will be paid to the CompanyArticle Six.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Reed Elsevier Capital Inc), Fourth Supplemental Indenture (Elsevier Nv /)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, ) or interest on any of the Debt Securities of such series and interest (including Additional Interest), if any, on such Debt Securitiesany appurtenant coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series and any appurtenant coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries or any appurtenant coupons; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Eligible Instruments deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series or any appurtenant coupons or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder's option for repayment pursuant to Section 1106 or 1303 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor any coupon appertaining thereto shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney (including the principal and interest received on Eligible Instruments deposited with the Trustee), 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in the Borough of Manhattan, The City of New York, and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Wells Fargo & Co/Mn), Indenture (Wells Fargo & Co/Mn)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any particular series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or not more than one Business Day before each due date of the principal of (and premium, if any, and interest (including Additional Interest)) or interest, if any, on any of such the Debt SecuritiesSecurities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum (except as otherwise specified pursuant to Section 3.1 for the Debt Securities of such series) sufficient to pay the principal (and premium or interest (including Additional Interestpremium, if any) and interest, if any, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee for the Debt Securities of any such series of its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the any particular series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before prior to each due date of the principal of (and premium, if any, and interest (including Additional Interest)) or interest, if any, on any such Debt Securities, deposit with a Paying Agent for the Debt Securities of such Paying Agents sums series a sum sufficient (without duplication) to pay the principal (and premium or interest (including Additional Interestpremium, if any) and interest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless such Paying Agent is the TrusteeTrustee for the Debt Securities of such series) the Company shall will promptly notify the such Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for any particular series of Debt Securities other than the Trustee for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, such series to execute and deliver to the such Trustee an instrument in which such Paying Agent shall agree with the such Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest)interest, if any, on such Debt Securities of that series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b) give the Trustee notice of any failure by the Company (or any other obligor upon such Debt Securities) to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securities; and
(c3) at any time during the continuance continuation of any such default, upon the written request of the such Trustee, forthwith pay to the such Trustee all sums so held in trust by such Paying Agent Agent; and
(4) acknowledge, accept and furnish agree to comply in all respects with the provisions of this Indenture relating to the Trustee duties, rights and disabilities of such information as it possesses regarding the names and addresses of the Persons entitled to such sumsPaying Agent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee for the Debt Securities of any series all sums held in trust by the Company or such Paying Agent, such sums to be held by the such Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the such Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee for the Debt Securities of any series or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, or interest (including Additional Interest)) and interest, if any, on any Debt Security of any particular series and remaining unclaimed for two years after such principal (and premium, if any) and interest, or interest (including Additional Interest) if any, has become due and payable shall shall, unless otherwise required by mandatory provisions of applicable escheat, abandoned or unclaimed property law, be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trusttrusts; and, upon such payment or discharge, and the Holder of such Debt Security shall, thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the such 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 such Trustee or such Paying Agent, before being required to make any such payment repayment may mail written notice to each such Holder of such Debt Security in the Companymanner set forth in Section 1.5, may or may, in its discretion, in the name and at the expense of the Company Company, cause to be mailedpublished at least once in a newspaper published in the English language customarily on each Business Day and of general circulation in the Borough of Manhattan, on one occasion onlythe City of New York, notice to such Holder 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 mailingmailing or publication, any unclaimed balance of such money then remaining will will, unless otherwise required by mandatory provisions of applicable escheat, abandoned or unclaimed property law, be paid repaid to the Company.
Appears in 2 contracts
Samples: Indenture (American Annuity Group Inc), Indenture (American Annuity Group Inc)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, by 10:00 a.m. (New York City time) or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. Notwithstanding any term herein to the contrary, in no instance shall the Trustee be under any duty or obligation (i) to maintain any office or to act in any capacity as an agent for any purpose under this Indenture (or any supplement hereto) outside the United States, or (ii) to act as a Paying Agent in respect of any currency other than Dollars. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.5, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Reinsurance Group of America Inc), Junior Subordinated Indenture (Rga Capital Trust Ii)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, by or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become became due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by SECTION 1.05, notice to such Holder that such money remains unclaimed and that, that after a date specified therein, which shall not be less than 30 days from the date of such mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Hca Inc/Tn), Indenture (Hca Inc/Tn)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Government Obligations deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder's option for repayment pursuant to Section 1106 or 1303 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor any coupon appertaining thereto shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney (including the principal and interest received on Government Obligations deposited with the Trustee), 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in the Borough of Manhattan, The City of New York, and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Dayton Hudson Corp), Indenture (Fuller H B Co)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of any Debt Securities of and any series, or any Tranche thereofrelated coupons, it shallwill, on or before each due date of the principal of (and premium, if any, and interest (including Additional Interest), if anyor interest on ore Additional Amounts in respect of, on any of such the Debt SecuritiesSecurities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Debt Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Debt Securities of such series) sufficient to pay the principal (and premium premium, if any) or interest (including or Additional Interest) Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the any series of Debt Securities of and any series, or any Tranche thereofrelated coupons, it shallwill, on or before each due date of the principal of (and premium, if any, and interest (including Additional Interest), if anyor interest on or Additional Amounts in respect of, on such any Debt SecuritiesSecurities of that series, deposit with such a Paying Agents sums Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including or Additional Interest) Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including or Additional Interest), Amounts and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon such the Debt Securities) to make in the making of any such payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securitiesinterest; and
(c3) at any time during the continuance of any such default, default upon the written request of the Trusteetrustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such moneysums. Any Except as otherwise provided in the Debt Securities of any series, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any) or interest on, or interest (including any Additional Interest)Amounts in respect of, if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any), interest or interest (including Additional Interest) Amounts has become due and payable shall be paid to the Company on upon Company Request, or, Request or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due such principal of (and payable and remaining unpaidpremium, if any) or interest on, or any Additional Amounts in respect of, any Security, without interest thereon, 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; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such payment to the Companyrepayment, may at the expense of the Company cause notice to be mailedmailed to the holders of such Debt Securities or published once, on one occasion onlyin an Authorized Newspaper, notice to such Holder the effect 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 mailingmailing or publication, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of any Debt Securities of and any series, or any Tranche thereofrelated coupons, it shallwill, on or before each due date of the principal of and (or premium, if any, and ) or interest (including on or Additional Interest), if any, on Amounts in respect of any of such the Debt SecuritiesSecurities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Debt Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Debt Securities of such series) sufficient to pay the principal (and premium or premium, if any) and interest (including and Additional Interest) Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the any series of Debt Securities of and any series, or any Tranche thereofrelated coupons, it shallwill, on or before each due date of the principal of (or premium, if any) or interest on or Additional Amounts in respect of any Debt Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any, ) and interest (including and Additional Interest), if any, on such Debt Securities, deposit with such Paying Agents sums sufficient (without duplication) to pay the principal and premium or interest (including Additional Interest) Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or premium, interest (including and Additional Interest), Amounts and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, or ) and interest (including on and any Additional Interest), if any, on such Amounts with respect to the Debt Securities in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon such the Debt Securities) to make in the making of any such payment of principal of (or premium, if any, ) or interest (including or Additional Interest), if any, on such Debt SecuritiesAmounts; and
(c3) at any time during the continuance of any such default, default upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such moneysums. Any Except as otherwise provided with respect to the Debt Securities of any series pursuant to Section 301, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of and (or premium, if any) or interest on, or interest (including any Additional Interest)Amounts in respect of, if any, on any Debt Security of any series and remaining unclaimed for two years after such principal and (or premium, if any), or interest (including or Additional Interest) Amounts has become due and payable shall be paid to the Company on upon Company Request, or, Request or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidsuch principal of (or premium, if any) or interest on, or any Additional Amounts in respect of, such Debt Security, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper, notice to such Holder 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 mailingpublication, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of any Debt Securities of and any series, or any Tranche thereofrelated coupons, it shallwill, on or before each due date of the principal of (and premium, if any, and interest (including Additional Interest), if anyor interest on or Additional Amounts in respect of, on any of such the Debt SecuritiesSecurities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Debt Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Debt Securities of such series) sufficient to pay the principal (and premium premium, if any) or interest (including or Additional Interest) Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the any series of Debt Securities of and any series, or any Tranche thereofrelated coupons, it shallwill, on or before each due date of the principal of (and premium, if any, and interest (including Additional Interest), if anyor interest on or Additional Amounts in respect of, on such any Debt SecuritiesSecurities of that series, deposit with such a Paying Agents sums Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including or Additional Interest) Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including or Additional Interest), Amounts and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities securities in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon such the Debt Securities) to make in the making of any such payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securitiesinterest; and
(c3) at any time during the continuance of any such default, default upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such moneysums. Any Except as otherwise provided in the Debt Securities of any series, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any) or interest on, or interest (including any Additional Interest)Amounts in respect of, if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any), interest or interest (including Additional Interest) Amounts has become due and payable shall be paid to the Company on upon Company Request, or, Request or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company company for payment of the amount so due such principal of (and payable and remaining unpaidpremium, if any) or interest on, or any Additional Amounts in respect of, any Debt Security, without interest thereon, 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; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such payment to the Companyrepayment, may at the expense of the Company company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper, notice to such Holder 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 mailingpublication, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, by or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.05, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Genesee & Wyoming Inc), Subordinated Debt Indenture (Bedford Property Investors Inc/Md)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any particular series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or not more than one Business Day before each due date of the principal of (and premium, if any, and interest (including Additional Interest)) or interest, if any, on any of such the Debt SecuritiesSecurities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum (except as otherwise specified pursuant to Section 301 for the Debt Securities of such series) sufficient to pay the principal (and premium or interest (including Additional Interestpremium, if any) and interest, if any, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee for the Debt Securities of any such series of its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the any particular series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before prior to each due date of the principal of (and premium, if any, and interest (including Additional Interest)) or interest, if any, on any such Debt Securities, deposit with a Paying Agent for the Debt Securities of such Paying Agents sums series a sum sufficient (without duplication) to pay the principal (and premium or interest (including Additional Interestpremium, if any) and interest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless such Paying Agent is the TrusteeTrustee for the Debt Securities of such series) the Company shall will promptly notify the such Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for any particular series of Debt Securities other than the Trustee for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, such series to execute and deliver to the such Trustee an instrument in which such Paying Agent shall agree with the such Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest)interest, if any, on such Debt Securities of that series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the such Trustee notice of any failure default by the Company (or any other obligor upon such Debt Securities) to make in the making of any payment of principal of (or premium, if any, or interest (including Additional Interest)) and interest, if any, on such Debt Securities; andSecurities of that series;
(c3) at any time during the continuance continuation of any such default, upon the written request of the such Trustee, forthwith pay to the such Trustee all sums so held in trust by such Paying Agent Agent; and
(4) acknowledge, accept and furnish agree to comply in all respects with the provisions of this Indenture relating to the Trustee duties, rights and disabilities of such information as it possesses regarding the names and addresses of the Persons entitled to such sumsPaying Agent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee for the Debt Securities of any series all sums held in trust by the Company or such Paying Agent, such sums to be held by the such Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the such Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee for the Debt Securities of any series or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, or interest (including Additional Interest)) and interest, if any, on any Debt Security of any particular series and remaining unclaimed for two years after such principal (and premium, if any) and interest, or interest (including Additional Interest) if any, has become due and payable shall shall, unless otherwise required by mandatory provisions of applicable escheat, abandoned or unclaimed property law, be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trusttrusts; and, upon such payment or discharge, and the Holder of such Debt Security shall, thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the such 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 such Trustee or such Paying Agent, before being required to make any such payment repayment may mail written notice to each such Holder of such Debt Security in the Companymanner set forth in Section 106, may or may, in its discretion, in the name and at the expense of the Company Company, cause to be mailedpublished at least once in a newspaper published in the English language customarily on each Business Day and of general circulation in the Borough of Manhattan, on one occasion onlythe City of New York, notice to such Holder 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 mailingmailing or publication, any unclaimed balance of such money then remaining will will, unless otherwise required by mandatory provisions of applicable escheat, abandoned or unclaimed property law, be paid repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Chiquita Brands International Inc), Indenture (Chiquita Brands International Inc)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, prior to or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company or the Guarantor (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company or the Guarantor may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order or Guarantor Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any Unless otherwise specified as contemplated by Section 301, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request (or if deposited by the Guarantor, paid to the Guarantor or Guarantor Request), or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company and the Guarantor for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, in a newspaper published in the English language, customarily published on one occasion onlyeach Business Day and of general circulation in the Borough of Manhattan, The City and State of New York, and each Place of Payment with respect to Debt Securities of the series with respect to which such moneys are so held or cause to be mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the CompanyCompany or the Guarantor, as the case may be.
Appears in 2 contracts
Samples: Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Home Loans Inc)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any seriesand Coupons, or any Tranche thereofif any, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofand Coupons, it shallwill, by 10:00 a.m. (New York City time) or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. Notwithstanding any term herein to the contrary, in no instance shall the Trustee be under any duty or obligation (i) to maintain any office or to act in any capacity as an agent for any purpose under this Indenture (or any supplement hereto) outside the United States, or (ii) to act as a Paying Agent in respect of any currency other than Dollars. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor Coupon shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.5, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 2 contracts
Samples: Subordinated Indenture (Rga Capital Trust Ii), Subordinated Indenture (Reinsurance Group of America Inc)
Money for Debt Securities Payments to Be Held in Trust. If the Company Issuer shall at any time act as its own Paying Agent with respect to the of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of Interest Payment Date and the principal of and premium, if any, and interest (including Additional Interest), if any, on any of such Debt SecuritiesRedemption Date, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the interest and principal and premium or interest (including Additional Interest) so becoming due due, respectively, until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company Issuer shall have one or more Paying Agents for it will, prior to each Interest Payment Date and the Debt Securities of any series, or any Tranche thereof, it shall, on or before each due date of the principal of and premium, if any, and interest (including Additional Interest), if any, on such Debt SecuritiesRedemption Date, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal and premium or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall Issuer will promptly notify the Trustee of any its action or failure by it so to act. The Company shall Issuer will cause each Paying Agent for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a) hold all sums held by it for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on such Debt Securities in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b) give the Trustee notice of any failure default by the Company Issuer (or any other obligor upon such the Debt Securities) to make in the making of any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such the Debt Securities; and
(c) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company Issuer may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Issuer Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Issuer or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company Issuer or such Paying Agent andAgent, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VII; and, upon such payment by the Issuer or any Paying Agent to the Trustee, the Issuer or such Paying Agent Agent, as applicable, shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuer, in trust for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on any Debt Security and remaining unclaimed for two years after such principal and premium, if any, or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Issuer upon Issuer Request, or, or (if then held by the Company, Issuer) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company Issuer for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, Agent before being required to make any such payment to the Companyrepayment, may at the expense of the Company Issuer cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.05, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the CompanyIssuer.
Appears in 1 contract
Samples: Indenture (Matrix Bancorp Inc)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the 67 Subordinated Indenture benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, by or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by a Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon a Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.05, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before prior to each due date of the principal of (and premium, if any, ) or interest on any Debt Securities of such series and interest (including Additional Interest), if any, on such Debt Securitiesany appurtenant coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium or premium, if any) on interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series and any appurtenant coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries of any appurtenant coupons; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Eligible Instruments deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security and remaining unclaimed for two years after such principal and premium, if any, of any series or interest (including Additional Interest) has become due and payable shall be paid to the Company any appurtenant coupons or any money on Company Request, or, if then held by the Company, shall be discharged from such trust; and, upon such payment or discharge, the Holder of such Debt Security shall, as an unsecured general creditor and not as a Holder of an Outstanding Debt Security, look only to the Company for payment of the amount so due and payable and remaining unpaid, and all liability of deposit with 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 payment to the Company, may at the expense of the Company cause to be mailed, on one occasion only, notice to such Holder 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 mailing, any unclaimed balance of such money then remaining will be paid to the Company.or
Appears in 1 contract
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, ) or interest on any of the Debt Securities of such series and interest (including Additional Interest), if any, on such Debt Securitiesany appurtenant coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall cause each Paying Agent for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:.
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series and any appurtenant coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries or any appurtenant coupons; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Eligible Instruments deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series or any appurtenant coupons or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder's option for repayment pursuant to Section 1106 or 1303 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, the Holder of such Debt Security shall, as an unsecured general creditor and not as a Holder of an Outstanding Debt Security, look only to the Company for payment of the amount so due and payable and remaining unpaid, 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 payment to the Company, may at the expense of the Company cause to be mailed, on one occasion only, notice to such Holder 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 mailing, any unclaimed balance of such money then remaining will be paid to the Company.the
Appears in 1 contract
Money for Debt Securities Payments to Be Held in Trust. If the Company or any of its Affiliates shall at any time act as its own the Company's Paying Agent with respect to the any series of Debt Securities of any seriesand Coupons, or any Tranche thereofif any, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and gad hold in is trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofand Coupons, it shallwill, on or before prior to each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this SectionSection 12.04, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor Obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any Subject to any applicable abandoned property law, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor Coupon shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.05, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Indenture (Hubbell Inc)
Money for Debt Securities Payments to Be Held in Trust. (a) If the Company Issuer shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee in writing of any its action or failure by the Company so to act.
(or any other obligor on such Debt Securitiesb) to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securities. Whenever the Company Issuer shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before prior to each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall Issuer will promptly notify the Trustee in writing of any its action or failure by it so to act. .
(c) The Company shall Issuer will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, other than the Company or the Trustee, to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee written notice of any failure default by the Company (or any other obligor upon such Debt Securities) to make Issuer in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sums. Agent.
(d) The Company Issuer may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Issuer Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Issuer or such the Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company Issuer or such the Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such the Paying Agent shall be released from all further liability with respect to such money. .
(e) Any money deposited with the Trustee or any Paying Agent, or then held by the Company, Issuer in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company Issuer on Company Request, or, Issuer Request or (if then held by the Company, Issuer) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company Issuer for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such payment to the Companyrepayment, may at the expense of the Company Issuer cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in the Borough of Manhattan, the City of New York, and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the CompanyIssuer.
Appears in 1 contract
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, ) or interest on any of the Debt Securities of such series and interest (including Additional Interest), if any, on such Debt Securitiesany appurtenant coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the the, principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series and any appurtenant coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries or any appurtenant coupons; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Paving Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VII; Agent: and, upon such payment by any am- Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on any Debt Security and remaining unclaimed for two years after such principal and premium, if any, or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, if then held by the Company, shall be discharged from such trust; and, upon such payment or discharge, the Holder of such Debt Security shall, as an unsecured general creditor and not as a Holder of an Outstanding Debt Security, look only to the Company for payment of the amount so due and payable and remaining unpaid, 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 payment to the Company, may at the expense of the Company cause to be mailed, on one occasion only, notice to such Holder 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 mailing, any unclaimed balance of such money then remaining will be paid to the Company.
Appears in 1 contract
Samples: Indenture (Indymac Capital Trust I)
Money for Debt Securities Payments to Be Held in Trust. (a) If the Company Issuer or a Guarantor shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company so to act.
(or any other obligor on such Debt Securitiesb) to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securities. Whenever the Company Issuer shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before prior to each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall Issuer will promptly notify the Trustee of any its action or failure by it so to act. .
(c) The Company shall Issuer will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, other than the Company or the Trustee, to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(ai) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(bii) give the Trustee notice of any failure Default by the Company Issuer or a Guarantor (or any other obligor upon the Debt Securities of such Debt Securitiesseries or Guarantees endorsed thereon) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries or Guarantees endorsed thereon; and
(ciii) at any time during the continuance of any such defaultDefault, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sums. Agent.
(d) The Company Issuer may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Issuer Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Issuer or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company Issuer or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. .
(e) Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuer or any Guarantor, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest (including Additional Interest) has become due and payable Maturity shall be paid to the Company Issuer or such Guarantor on Company RequestIssuer Request or Guarantor Request of such Guarantor, oras the case may be, or (if then held by the Company, Issuer or such Guarantor) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company Issuer or such Guarantor, as the case may be, for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Issuer or such Guarantor, as the case may be, as trustee thereof, shall thereupon cease; provided, however, provided that the Trustee or such Paying Agent, before being required to make any such payment to the Companyrepayment, may at the expense of the Company Issuer or such Guarantor, as the case may be, cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in the Borough of Manhattan, The City of New York, and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the CompanyIssuer or such Guarantor, as the case may be.
Appears in 1 contract
Samples: Indenture (Nortel Networks LTD)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the Debt Securities of any series, or any Tranche thereof, it shall, on or before each due date of the principal of and premium, if any, and interest (including Additional Interest)interest, if any, on any of such Debt Securities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and premium or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall promptly notify the Trustee of any failure by the Company (or any other obligor on such Debt Securities) to make any payment of principal of or premium, if any, or interest (including Additional Interest)interest, if any, on such Debt Securities. Whenever the Company shall have one or more Paying Agents for the Debt Securities of any series, or any Tranche thereof, it shall, on or before each due date of the principal of and premium, if any, and interest (including Additional Interest)interest, if any, on such Debt Securities, deposit with such Paying Agents sums sufficient (without duplication) to pay the principal and premium or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall promptly notify the Trustee of any failure by it so to act. The Company shall cause each Paying Agent for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:
(a) hold all sums held by it for the payment of the principal of and premium, if any, or interest (including Additional Interest)interest, if any, on such Debt Securities in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b) give the Trustee notice of any failure by the Company (or any other obligor upon such Debt Securities) to make any payment of principal of or premium, if any, or interest (including Additional Interest)interest, if any, on such Debt Securities; and
(c) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sums. The Company may at any time pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIISeven; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of and premium, if any, or interest (including Additional Interest)interest, if any, on any Debt Security and remaining unclaimed for two years after such principal and premium, if any, or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, if then held by the Company, shall be discharged from such trust; and, upon such payment or discharge, the Holder of such Debt Security shall, as an unsecured general creditor and not as a Holder of an Outstanding Debt Security, look only to the Company for payment of the amount so due and payable and remaining unpaid, 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 payment to the Company, may at the expense of the Company cause to be mailed, on one occasion only, notice to such Holder 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 mailing, any unclaimed balance of such money then remaining will be paid to the Company.
Appears in 1 contract
Samples: Indenture (For Debt Securities) (Carolina Power & Light Co)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any particular series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or not more than one Business Day before each due date of the principal of (and premium, if any, and interest (including Additional Interest)) or interest, if any, on any of such the Debt SecuritiesSecurities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum (except as otherwise specified pursuant to Section 301 for the Debt Securities of such series) sufficient to pay the principal (and premium or interest (including Additional Interestpremium, if any) and interest, if any, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee for the Debt Securities of any such series of its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the any particular series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before prior to each due date of the principal of (and premium, if any, and interest (including Additional Interest)) or interest, if any, on any such Debt Securities, deposit with a Paying Agent for the Debt Securities of such Paying Agents sums series a sum sufficient (without duplication) to pay the principal (and premium or interest (including Additional Interestpremium, if any) and interest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless such Paying Agent is the TrusteeTrustee for the Debt Securities of such series) the Company shall will promptly notify the such Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for any particular series of Debt Securities other than the Trustee for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, such series to execute and deliver to the such Trustee an instrument in which such Paying Agent shall agree with the such Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest)interest, if any, on such Debt Securities of that series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the such Trustee notice of any failure default by the Company (or any other obligor upon such Debt Securities) to make in the making of any payment of principal of (or premium, if any, or interest (including Additional Interest)) and interest, if any, on such Debt Securities; andSecurities of that series;
(c3) at any time during the continuance continuation of any such default, upon the written request of the such Trustee, forthwith pay to the such Trustee all sums so held in trust by such Paying Agent Agent; and
(4) acknowledge, accept and furnish agree to comply in all respects with the provisions of this Indenture relating to the Trustee duties, rights and disabilities of such information as it possesses regarding the names and addresses of the Persons entitled to such sumsPaying Agent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee for the Debt Securities of any series all sums held in trust by the Company or such Paying Agent, such sums to be held by the such Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the such Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee for the Debt Securities of any series or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, or interest (including Additional Interest)) and interest, if any, on any Debt Security of any particular series and remaining unclaimed for two years after such principal (and premium, if any) and interest, or interest (including Additional Interest) if any, has become due and payable shall shall, unless otherwise required by mandatory provisions of applicable escheat, abandoned or unclaimed property law, be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trusttrusts; and, upon such payment or discharge, and the Holder of such Debt Security shall, thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the such 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 such Trustee or such Paying Agent, before being required to make any such payment repayment may mail written notice to each such Holder of such Debt Security in the Companymanner set forth in Section 106, may or may, in its discretion, in the name and at the expense of the Company Company, cause to be mailedpublished at least once in a newspaper published in the English language customarily on each Business Day and of general circulation in the Borough of Manhattan, on one occasion onlythe City of New York, notice to such Holder notice, that such money remains 57 unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailingmailing or publication, any unclaimed balance of such money then remaining will will, unless otherwise required by mandatory provisions of applicable escheat, abandoned or unclaimed property law, be paid repaid to the Company.
Appears in 1 contract
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, prior to or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Security, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, in a newspaper published in the English language, customarily published on one occasion onlyeach Business Day and of general circulation in the Borough of Manhattan, the City and State of New York, and each Place of Payment with respect to Debt Securities of the series with respect to which such moneys are so held or cause to be mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Indenture (Tandy Corp /De/)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, by or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by a Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon a Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to 67 Senior Indenture the extent provided by Section 1.05, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereof, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, by or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.05, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Money for Debt Securities Payments to Be Held in Trust. If the Company Issuer shall at any time act as its own Paying Agent with respect to the of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of Interest Payment Date and the principal of and premium, if any, and interest (including Additional Interest), if any, on any of such Debt SecuritiesMaturity Date, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the interest and principal and premium or interest (including Additional Interest) so becoming due due, respectively, until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company Issuer shall have one or more Paying Agents for it will, prior to each Interest Payment Date and the Debt Securities of any series, or any Tranche thereof, it shall, on or before each due date of the principal of and premium, if any, and interest (including Additional Interest), if any, on such Debt SecuritiesMaturity Date, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal and premium or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall Issuer will promptly notify the Trustee of any its action or failure by it so to act. The Company shall Issuer will cause each Paying Agent for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a) hold all sums held by it for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on such Debt Securities in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b) give the Trustee notice of any failure default by the Company Issuer (or any other obligor upon such the Debt Securities) to make in the making of any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such the Debt Securities; and
(c) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company Issuer may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Issuer Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Issuer or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company Issuer or such Paying Agent andAgent, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VII; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuer, in trust for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on any Debt Security and remaining unclaimed for two years after such principal and premium, if any, or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Issuer upon Issuer Request, or, or (if then held by the Company, Issuer) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company Issuer for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Issuer as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, Agent before being required to make any such payment to the Companyrepayment, may at the expense of the Company Issuer cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.05, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the CompanyIssuer.
Appears in 1 contract
Samples: Indenture (Gold Banc Corp Inc)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Government Obligations deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder’s option for repayment pursuant to Section 1106 or 1303 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor any coupon appertaining thereto shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney (including the principal and interest received on Government Obligations deposited with the Trustee), 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in the Borough of Manhattan, The City of New York, and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Indenture (Century Casinos Inc /Co/)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Government Obligations deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder's option for repayment pursuant to Section 1106 or 1303 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor any coupon appertaining thereto shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney (including the principal and interest received on Government Obligations deposited with the Trustee), and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in the Borough of Manhattan, The City of New York, and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including any Additional Interest) so becoming due until such 66 76 sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including any Additional Interest), if any, ) on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including any Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including any Additional Interest), and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including any Additional Interest), if any, ) on such Debt Securities of such series and any appurtenant coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including any Additional Interest), if any, ) on the Debt Securities of such Debt Securitiesseries or any appurtenant coupons; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Eligible Instruments deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including any Additional Interest), if any, ) on any Debt Security of any series or any appurtenant coupons or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder's option for repayment pursuant to Section 1106 or 1303 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, if then held by the Company, shall be discharged from such trust; and, upon such payment or discharge, the Holder of such Debt Security shall, as an unsecured general creditor and not as a Holder of an Outstanding Debt Security, look only to the Company for payment of the amount so due and payable and remaining unpaid, 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 payment to the Company, may at the expense of the Company cause to be mailed, on one occasion only, notice to such Holder 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 mailing, any unclaimed balance of such money then remaining will be paid to the Company.has
Appears in 1 contract
Samples: Indenture (Indymac Capital Trust I)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, by or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by a Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon a Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.05, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before prior to each due date of the principal of (and premium, if any, ) or interest on any Debt Securities of such series and interest (including Additional Interest), if any, on such Debt Securitiesany appurtenant coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series and any appurtenant coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries or any appurtenant coupons; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VII; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Eligible Instruments deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series or any appurtenant coupons or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder's option for repayment pursuant to Section 1106 or 1303 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor any coupon appertaining thereto shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney (including the principal and interest received on Eligible Instruments deposited with the Trustee), 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in each of the City and County of San Francisco and the Borough of Manhattan, The City of New York, and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Indenture (Bankamerica Corp/De/)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of such the Debt SecuritiesSecurities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall provided and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before prior to each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on such any Debt SecuritiesSecurities of that series, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of that series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon such the Debt SecuritiesSecurities of that series) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on such the Debt SecuritiesSecurities of that series; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent Agent; and, if so stated in a upon such payment by the Company Order delivered to the Trustee, in accordance with all liability of the provisions Company as trustee of Article VII; such money shall thereupon cease, and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shall, as an unsecured general creditor and not as a Holder of an Outstanding Debt Security, shall thereafter look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, in newspaper published in the English language, customarily published on one occasion onlyeach business day and of general circulation in Borough of Manhattan, the City and State of New York, or to each such Holder, notice to such Holder that such money remains unclaimed claimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Indenture (Loews Corp)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including any Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including any Additional Interest), if any, ) on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including any Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including any Additional Interest), and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including any Additional Interest), if any, ) on such Debt Securities of such series and any appurtenant coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including any Additional Interest), if any, ) on the Debt Securities of such Debt Securitiesseries or any appurtenant coupons; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Eligible Instruments deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including any Additional Interest), if any, ) on any Debt Security of any series or any appurtenant coupons or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder's option for repayment pursuant to Section 1106 or 1303 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor any coupon appertaining thereto shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney (including the principal and interest received on Eligible Instruments deposited with the Trustee), and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in the Borough of Manhattan, The City of New York, and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Indenture (Wells Fargo & Co/Mn)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including any Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including any Additional Interest), if any, ) on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including any Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including any Additional Interest), and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including any Additional Interest), if any, ) on such Debt Securities of such series and any appurtenant coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including any Additional Interest), if any, ) on the Debt Securities of such Debt Securitiesseries or any appurtenant coupons or any default by the Guarantor under the Guarantees; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company or the Guarantor may at any time time, for the purpose of terminating its obligations under this Indenture with respect to the Debt Securities or for any other purpose, pay, or by Company Order or Guarantor Order, as the case may be, direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Eligible Instruments deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including any Additional Interest), if any, ) on any Debt Security of any series or any appurtenant coupons or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder’s option for repayment pursuant to Section 1206 or 1403 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request (or if deposited by the Guarantor, paid to the Guarantor on Guarantor Request), or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor any coupon appertaining thereto shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company and the Guarantor for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney (including the principal and interest received on Eligible Instruments deposited with the Trustee), 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in the Borough of Manhattan, The City of New York, and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the CompanyCompany or the Guarantor, as the case may be.
Appears in 1 contract
Samples: Indenture (M&i Capital Trust C)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the any principal of (and premium, if any, and interest (including Additional Interest)on) or Payments or Missed Payments, if any, on any Debt Securities of such Debt Securitiesseries and any appurtenant Coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and premium any principal, premium, Payments or interest (including Additional Interest) Missed Payments, if any, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee in writing of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for with respect to any series of Debt Securities, the Debt Securities of any series, or any Tranche thereof, it shallCompany will, on or before prior to each due date of the any principal of (and premium, if any, and interest (including Additional Intereston), Payment or Missed Payment, if any, on any Debt Securities of such Debt Securitiesseries and any appurtenant Coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal and premium any principal, premium, Payment or interest (including Additional Interest) Missed Payment, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to any such principal, premium premium, Payment or interest (including Additional Interest)Missed Payment, if any, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee in writing of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the any principal of (and premium, if any), Payment or interest (including Additional Interest)Missed Payment, if any, on such in respect of Debt Securities of such series and any appurtenant Coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant Coupons) to make in the making of any payment of any principal of or (and premium, if any, on), Payment or interest (including Additional Interest)Missed Payment, if any, on the Debt Securities of such Debt Securitiesseries or any appurtenant Coupons; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such moneysums. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the any principal of (and premium, if any, on), Payment or interest (including Additional Interest)Missed Payment, if any, on any Debt Security of any series or any appurtenant Coupons and remaining unclaimed for two years after any such principal and principal, premium, Payment or Missed Payment, if any, or interest (including Additional Interest) has become due and payable shall be paid to the Company Company, as the case may be, on Company Request, or, Request or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor any appurtenant Coupons shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in the Borough of Manhattan, The City of New York, and each Place of Payment, or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the Company. Debt Securities of any series or any appurtenant Coupons will be void if not presented for payment of principal and premium, if any, within 10 years of such principal and premium, if any, becoming due and payable or presented for payment of Payments and Missed Payments, if any, within five years of such payment becoming due and payable.
Appears in 1 contract
Samples: Indenture (HSBC Holdings PLC)
Money for Debt Securities Payments to Be Held in Trust. If the Company Issuer or the Guarantor shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company Issuer or the Guarantor shall have one or more Paying Agents for with respect to any series of Debt Securities, the Debt Securities of any seriesIssuer or the Guarantor, or any Tranche thereofas applicable, it shallwill, on or before each due date of the principal of (and premium, if any, ) or interest on any of the Debt Securities of such series and interest (including Additional Interest), if any, on such Debt Securitiesany appurtenant coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall Issuer or the Guarantor, as applicable, will promptly notify the Trustee of any its action or failure by it so to act. The Company shall Issuer or the Guarantor will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series and any appurtenant coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company Issuer or the Guarantor (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries or any appurtenant coupons; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company Issuer or the Guarantor may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Issuer Order or Guarantor Order, as applicable, direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Issuer, the Guarantor or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company Issuer, the Guarantor or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Eligible Instruments deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuer or the Guarantor, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series or any appurtenant coupons or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder’s option for repayment pursuant to Section 1106 or 1303 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company Issuer on Company Issuer Request or to the Guarantor on Guarantor Request, oras applicable, or (if then held by the Company, Issuer or the Guarantor) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor any coupon appertaining thereto shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company Issuer or the Guarantor, as the case may be, for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney (including the principal and interest received on Eligible Instruments deposited with the Trustee), and all liability of the Company Issuer or the Guarantor as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such payment to the Companyrepayment, may at the expense of the Company Issuer cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in the Borough of Manhattan, The City of New York, and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the CompanyIssuer or the Guarantor, as applicable.
Appears in 1 contract
Samples: Indenture (Wells Fargo Finance LLC)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any seriesand Coupons, or any Tranche thereofif any, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofand Coupons, it shallwill, by or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. 128 121 The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any Subject to any applicable abandoned property law, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor Coupon shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent 129 122 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 payment to the Companyrepayment, may may, in its sole discretion, at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.05, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before prior to each due date of the principal of (and premium, if any, ) or interest on any Debt Securities of such series and interest (including Additional Interest), if any, on such Debt Securitiesany appurtenant coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series and any appurtenant coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries or any appurtenant coupons; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Eligible Instruments deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series or any appurtenant coupons or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder's option for repayment pursuant to Section 1106 or 1303 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor any coupon appertaining thereto shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying paying Agent with respect to such trust moneymoney (including the principal and interest received on Eligible Instruments deposited with the Trustee), 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in each of the City and County of San Francisco and the Borough of Manhattan, The City of New York, and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Indenture (Bankamerica Corp/De/)
Money for Debt Securities Payments to Be Held in Trust. If the Company Issuer shall at any time act as its own Paying Agent with respect to the of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of Interest Payment Date and the principal of and premium, if any, and interest (including Additional Interest), if any, on any of such Debt SecuritiesRedemption Date, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the interest and principal and premium or interest (including Additional Interest) so becoming due due, respectively, until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company Issuer shall have one or more Paying Agents for it will, prior to each Interest Payment Date and the Debt Securities of any series, or any Tranche thereof, it shall, on or before each due date of the principal of and premium, if any, and interest (including Additional Interest), if any, on such Debt SecuritiesRedemption Date, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal and premium or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall Issuer will promptly notify the Trustee of any its action or failure by it so to act. The Company shall Issuer will cause each Paying Agent for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a) hold all sums held by it for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on such Debt Securities in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b) give the Trustee notice of any failure default by the Company Issuer (or any other obligor upon such the Debt Securities) to make in the making of any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such the Debt Securities; and
(c) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company Issuer may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Issuer Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Issuer or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company Issuer or such Paying Agent andAgent, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VII; and, upon such payment by the Issuer or any Paying Agent to the Trustee, the Issuer or such Paying Agent Agent, as applicable, shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuer, in trust for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on any Debt Security and remaining unclaimed for two years after such principal and premium, if any, or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Issuer upon Issuer Request, or, or (if then held by the Company, Issuer) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company Issuer for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, Agent before being required to make any such payment to the Companyrepayment, may at the expense of the Company Issuer cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.05, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the CompanyIssuer.
Appears in 1 contract
Samples: Indenture (Investorsbancorp Inc)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, ) or interest on any of the Debt Securities of such series and interest (including Additional Interest), if any, on such Debt Securitiesany appurtenant coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series and any appurtenant coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries or any appurtenant coupons; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, Trustee such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Eligible Instruments deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series or any appurtenant coupons or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder's option for repayment pursuant to Section 1106 or 1303 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor any coupon appertaining thereto shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidpaymen thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney (including the principal and interest received on Eligible Instruments deposited with the Trustee), 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in the Borough of Manhattan, The City of New York, and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Indenture (Wells Fargo & Co/Mn)
Money for Debt Securities Payments to Be Held in Trust. If the Company Issuer shall at any time act as its own Paying Agent with respect to the of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of Interest Payment Date and the principal of and premium, if any, and interest (including Additional Interest), if any, on any of such Debt SecuritiesMaturity Date, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the interest and principal and premium or interest (including Additional Interest) so becoming due due, respectively, until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company Issuer shall have one or more Paying Agents for it will, prior to each Interest Payment Date and the Debt Securities of any series, or any Tranche thereof, it shall, on or before each due date of the principal of and premium, if any, and interest (including Additional Interest), if any, on such Debt SecuritiesMaturity Date, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal and premium or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall Issuer will promptly notify the Trustee of any its action or failure by it so to act. The Company shall Issuer will cause each Paying Agent for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a) hold all sums held by it for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on such Debt Securities in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b) give the Trustee notice of any failure default by the Company Issuer (or any other obligor upon such the Debt Securities) to make in the making of any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such the Debt Securities; and
(c) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company Issuer may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Issuer Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Issuer or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company Issuer or such Paying Agent andAgent, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VII; and, upon such payment by the Issuer or any Paying Agent to the Trustee, the Issuer or such Paying Agent Agent, as applicable, shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuer, in trust for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on any Debt Security and remaining unclaimed for two years after such principal and premium, if any, or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Issuer upon Issuer Request, or, or (if then held by the Company, Issuer) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company Issuer for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Issuer as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, Agent before being required to make any such payment to the Companyrepayment, may at the expense of the Company Issuer cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.05, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the CompanyIssuer.
Appears in 1 contract
Samples: Indenture (Bankatlantic Bancorp Inc)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any seriesand Coupons, or any Tranche thereofif any, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesso act. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofand Coupons, it shallwill, by or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it to so to act. The Company shall will cause each Paying Agent for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee with respect to any series of Debt Securities to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure Default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such defaultDefault, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor Coupon shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 16.03, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Indenture (Maxxam Inc)
Money for Debt Securities Payments to Be Held in Trust. If the Company Issuer or either Guarantor shall at any time act as its own Paying Agent with respect to the Debt Securities of any series, or any Tranche thereofAgent, it shallwill, by 10:00 A.M. (New York City time) on or before each due date of the principal of and (or premium, if any, and on) or interest (including Additional Interest), if any, on any of such the Debt Securities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in U.S. dollars sufficient to pay the principal (and premium or premium, if any) and interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company Issuer and any Guarantor shall have one or more Paying Agents for the Debt Securities of any series, or any Tranche thereofSecurities, it shall, by 10:00 A.M. (New York City time) on or before each due date of the principal of and (or premium, if any, and interest (including Additional Interest)on) or interest, if any, on any such Debt Securities, deposit with such a Paying Agents sums Agent a sum in U.S. dollars sufficient (without duplication) to pay the principal (and premium or interest (including Additional Interestpremium, if any) and interest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest), thereto and (unless such Paying Agent is the Trustee) the Company Issuer shall promptly notify the Trustee of any its action or failure by it so to act. The Company shall Issuer will cause each the Paying Agent for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of and (or premium, if any, on) or interest (including Additional Interest), if any, on such the Debt Securities in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company Issuer (or any other obligor upon such the Debt Securities) to make in the making of any payment of principal of or (and premium, if any, or on) and interest (including Additional Interest), if any, on such the Debt Securities; and
(c3) at any time during the continuance continuation of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company Issuer may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Issuer Order direct any the Paying Agent to pay, to the Trustee all sums held in trust by the Company Issuer or such the Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company Issuer or such the Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any the Paying Agent to the Trustee, such the Paying Agent shall be released from all further liability with respect to such money. Any money deposited with All monies paid by the Issuer or either Guarantor, as the case may be, to the Trustee or any the Paying Agent, or then held by the CompanyIssuer or either Guarantor, in trust for the payment of the principal of (and premium, if any, or on) and interest (including Additional Interest), if any, on any Debt Security and remaining or in respect of any additional payments thereon which remain unclaimed for at the end of two years after such principal (and premium, if any, ) and interest or interest (including Additional Interest) has additional payments shall have become due and payable shall shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be paid repaid to the Company Issuer or such Guarantor, as the case may be, on Company Issuer Request or Guarantor Request, oras the case may be, or (if then held by the Company, Issuer or such Guarantor) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallwill, thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company Issuer (or to each Guarantor pursuant to its Guarantees) for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such the Paying Agent with respect to such trust money, and all liability of the Company Issuer or such Guarantor, as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such the Paying Agent, before being required to make any such payment repayment may give notice to the Company, may at Holder of such Debt Security in the expense of the Company cause to be mailed, on one occasion only, notice to such Holder manner set forth in Section 106 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 mailingnotice, any unclaimed balance of such money then remaining will will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be paid repaid to the CompanyIssuer or such Guarantor, as the case may be; provided, further, that the Trustee or the Paying Agent shall give written notice of any such unclaimed amounts to the Issuer and such Guarantor within 30 days after the end of such two year period.
Appears in 1 contract
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any seriesand Coupons, or any Tranche thereofif any, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofand Coupons, it shallwill, by 10:00 a.m. (New York City time) or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. Notwithstanding any term herein to the contrary, in no instance shall the Trustee be under any duty or obligation (i) to maintain any office or to act in any capacity as an agent for any purpose under this Indenture (or any supplement hereto) outside the United States, or (ii) to act as a Paying Agent in respect of any currency other than Dollars. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct 85 92 any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor Coupon shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.5, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including any Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including any Additional Interest), if any, ) on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including any Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including any Additional Interest), and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including any Additional Interest), if any, ) on such Debt Securities of such series and any appurtenant coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including any Additional Interest), if any, ) on the Debt Securities of such Debt Securitiesseries or any appurtenant coupons or any default by the Guarantor under the Guarantees; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company or the Guarantor may at any time time, for the purpose of terminating its obligations under this Indenture with respect to the Debt Securities or for any other purpose, pay, or by Company Order or Guarantor Order, as the case may be, direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Eligible Instruments deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including any Additional Interest), if any, ) on any Debt Security of any series or any appurtenant coupons or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder's option for repayment pursuant to Section 1206 or 1403 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request (or if deposited by the Guarantor, paid to the Guarantor on Guarantor Request), or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor any coupon appertaining thereto shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company and the Guarantor for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney (including the principal and interest received on Eligible Instruments deposited with the Trustee), 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in the Borough of Manhattan, The City of New York, and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the CompanyCompany or the Guarantor, as the case may be.
Appears in 1 contract
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any seriesand Coupons, or any Tranche thereofif any, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofand Coupons, it shallwill, by 10:00 a.m. (New York City time) or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. Notwithstanding any term herein to the contrary, in no instance shall the Trustee be under any duty or obligation (i) to maintain any office or to act in any capacity as an agent for any purpose under this Indenture (or any supplement hereto) outside the United States, or (ii) to act as a Paying Agent in respect of any currency other than Dollars. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and 84 premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor Coupon shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.5, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Subordinated Indenture (Talx Corp)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries and any related coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, ) or interest on any of the Debt Securities of such series and interest (including Additional Interest), if any, on such Debt Securitiesany related coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series and any related coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any related coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries or any related coupons; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Eligible Instruments deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series or any related coupons or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder’s option for repayment pursuant to Section 1106 or 1303 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor any coupon appertaining thereto shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney (including the principal and interest received on Eligible Instruments deposited with the Trustee), 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in the Borough of Manhattan, The City of New York, and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Indenture (Brickell Biotech, Inc.)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries and any related coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, ) or interest on any of the Debt Securities of such series and interest (including Additional Interest), if any, on such Debt Securitiesany related coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series and any related coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any related coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries or any related coupons; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Eligible Instruments deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series or any related coupons or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder’s option for repayment pursuant to Section 1106 or 1303 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor any coupon appertaining thereto shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney (including the principal and interest received on Eligible Instruments deposited with the Trustee), 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in the [Borough of Manhattan, The City of New York], and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Indenture (Wejo Group LTD)
Money for Debt Securities Payments to Be Held in Trust. If ------------------------------------------------------ the Company shall at any time act as its own Paying Agent with respect to the any series of any Debt Securities of and any series, or any Tranche thereofrelated coupons, it shallwill, on or before each due date of the principal of and (or premium, if any, and ) or interest (including on or Additional Interest), if any, on Amounts in respect of any of such the Debt SecuritiesSecurities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Debt Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Debt Securities of such series) sufficient to pay the principal (and premium or premium, if any) and interest (including and Additional Interest) Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the any series of Debt Securities of and any series, or any Tranche thereofrelated coupons, it shallwill, on or before each due date of the principal of (or premium, if any) or interest on or Additional Amounts in respect of any Debt Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the the principal (and premium, if any, ) and interest (including and Additional Interest), if any, on such Debt Securities, deposit with such Paying Agents sums sufficient (without duplication) to pay the principal and premium or interest (including Additional Interest) Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or premium, interest (including and Additional Interest), Amounts and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, or ) and interest (including on and any Additional Interest), if any, on such Amounts with respect to the Debt Securities in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon such the Debt Securities) to make in the making of any such payment of principal of (or premium, if any, ) or interest (including or Additional Interest), if any, on such Debt SecuritiesAmounts; and
(c3) at any time during the continuance of any such default, default upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such moneysums. Any Except as otherwise provided with respect to the Debt Securities of any series pursuant to Section 301, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of and (or premium, if any) or interest on, or interest (including any Additional Interest)Amounts in respect of, if any, on any Debt Security of any series and remaining unclaimed for two years after such principal and (or premium, if any), or interest (including or Additional Interest) Amounts has become due and payable shall be paid to the Company on upon Company Request, or, Request or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidsuch principal of (or premium, if any) or interest on, or any Additional Amounts in respect of, such Debt Security, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper, notice to such Holder 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 mailingpublication, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Indenture (Bre Properties Inc /Md/)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Government Obligations deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder's option for repayment pursuant to Section 1106 or 1303 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor any coupon appertaining thereto shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney (including the principal and interest received on Government Obligations deposited with the Trustee), 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in the [Borough of Manhattan, The City of New York], and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Indenture (DMC Stratex Networks Inc)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, by or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.05, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Indenture (Scotts Company)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any seriesand Coupons, or any Tranche thereofif any, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofand Coupons, it shallwill, by or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any Subject to any applicable abandoned property law, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor Coupon shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such payment to the Companyrepayment, may may, in its sole discretion, at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.05, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Indenture (Money Store Inc /Nj)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the Debt Securities of any series, or any Tranche thereof, it shall, on or before each due date of the principal of and premium, if any, and interest (including Additional Interest), if any, on any of such Debt Securities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and premium or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall promptly notify the Trustee of any failure by the Company (or any other obligor on such Debt Securities) to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securities. Whenever the Company shall have one or more Paying Agents for the Debt Securities of any series, or any Tranche thereof, it shall, on or before each due date of the principal of and premium, if any, and interest (including Additional Interest), if any, on such Debt Securities, deposit with such Paying Agents sums sufficient (without duplication) to pay the principal and premium or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest), and (unless such Paying Agent is the Trustee) the Company shall promptly notify the Trustee of any failure by it so to act. The Company shall cause each Paying Agent for the Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:
(a) hold all sums held by it for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on such Debt Securities in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b) give the Trustee notice of any failure by the Company (or any other obligor upon such Debt Securities) to make any payment of principal of or premium, if any, or interest interest, (including Additional Interest), ) if any, on such Debt Securities; and
(c) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sums. The Company may at any time pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VII; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on any Debt Security and remaining unclaimed for two years after such principal and premium, if any, or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, if then held by the Company, shall be discharged from such trust; and, upon such payment or discharge, the Holder of such Debt Security shall, as an unsecured general creditor and not as a Holder of an Outstanding Debt Security, look only to the Company for payment of the amount so due and payable and remaining unpaid, 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 payment to the Company, may at the expense of the Company cause to be mailed, on one occasion only, notice to such Holder 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 mailing, any unclaimed balance of such money then remaining will be paid to the Company.
Appears in 1 contract
Samples: Indenture (Pebblebrook Hotel Trust)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the Subordinated Indenture 67 benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, by or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a) hold all sums held by it for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on such Debt Securities in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b) give the Trustee notice of any failure by the Company (or any other obligor upon such Debt Securities) to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securities; and
(c) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sums. The Company may at any time pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VII; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of and premium, if any, or interest (including Additional Interest), if any, on any Debt Security and remaining unclaimed for two years after such principal and premium, if any, or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, if then held by the Company, shall be discharged from such trust; and, upon such payment or discharge, the Holder of such Debt Security shall, as an unsecured general creditor and not as a Holder of an Outstanding Debt Security, look only to the Company for payment of the amount so due and payable and remaining unpaid, 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 payment to the Company, may at the expense of the Company cause to be mailed, on one occasion only, notice to such Holder 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 mailing, any unclaimed balance of such money then remaining will be paid to the Company.
Appears in 1 contract
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereof, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, by or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallshall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.05, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Subordinated Debt Indenture (Scotts Miracle-Gro Co)
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesso act. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shall, on or before will prior to each due date of the principal of (and premium, if any, ) or interest on any Debt Securities of such series and interest (including Additional Interest), if any, on such Debt Securitiesany appurtenant coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its actions or failure by it to so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series and any appurtenant coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries or any appurtenant coupons; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Eligible Instruments deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security and remaining unclaimed for two years after such principal and premium, if any, of any series or interest (including Additional Interest) has become due and payable shall be paid to the Company any appurtenant coupon or any money on Company Request, or, if then held by the Company, shall be discharged from such trust; and, upon such payment or discharge, the Holder of such Debt Security shall, as an unsecured general creditor and not as a Holder of an Outstanding Debt Security, look only to the Company for payment of the amount so due and payable and remaining unpaid, and all liability of deposit with the Trustee or such any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to such trust money, and all liability unmatured coupons not presented upon redemption or exercise 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 payment to the Company, may at the expense of the Company cause to be mailed, on one occasion only, notice to such Holder 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 mailing, any unclaimed balance of such money then remaining will be paid to the Company.Holder's
Appears in 1 contract
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries and any appurtenant coupons, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any failure by the Company (its action or any other obligor on such Debt Securities) to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesits omission. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofSecurities, it shallwill, on or before each due date of the principal of (and premium, if any, ) or interest on any of the Debt Securities of such series and interest (including Additional Interest), if any, on such Debt Securitiesany appurtenant coupons, deposit with such a Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)interest, and (unless such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any failure by it so to actits action or its omission. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series and any appurtenant coupons in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries or any appurtenant coupons) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries or any appurtenant coupons; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of terminating its obligations under this Indenture with respect to Debt Securities of any series or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any principal and interest received on the Eligible Instruments deposited with the Trustee or any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series or any appurtenant coupons or any money on deposit with the Trustee or any Paying Agent representing amounts deducted from the Redemption Price or Repayment Price with respect to unmatured coupons not presented upon redemption or exercise of the Holder's option for repayment pursuant to Section 1106 or 1303 and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor any coupon appertaining thereto shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney (including the principal and interest received on Eligible Instruments deposited with the Trustee), 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailedpublished once, on one occasion onlyin an Authorized Newspaper of general circulation in The City of New York, and each Place of Payment or mailed to each such Holder, or both, notice to such Holder 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 publication or mailing, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Money for Debt Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to the any series of Debt Securities of any seriesand Coupons, or any Tranche thereofif any, it shallwill, on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any of the Debt Securities of such Debt Securitiesseries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided. The Company shall , and will promptly notify the Trustee of any its action or failure by the Company (or any other obligor on such Debt Securities) so to make any payment of principal of or premium, if any, or interest (including Additional Interest), if any, on such Debt Securitiesact. Whenever the Company shall have one or more Paying Agents for the with respect to any series of Debt Securities of any series, or any Tranche thereofand Coupons, it shallwill, by or on or before each due date of the principal of (and premium, if any, and ) or interest (including Additional Interest), if any, on any Debt Securities of such Debt Securitiesseries, deposit with any such Paying Agents sums Agent a sum sufficient (without duplication) to pay the principal (and premium premium, if any) or interest (including Additional Interest) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest (including Additional Interest)thereto, and (unless any such Paying Agent is the Trustee) the Company shall will promptly notify the Trustee of any its action or failure by it so to act. The Company shall will cause each Paying Agent for the with respect to any series of Debt Securities of any series, or any Tranche thereof, other than the Company or the Trustee, Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
(a1) hold all sums held by it for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on such Debt Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided;
(b2) give the Trustee notice of any failure default by the Company (or any other obligor upon the Debt Securities of such Debt Securitiesseries) to make in the making of any payment of principal of or (and premium, if any, ) or interest (including Additional Interest), if any, on the Debt Securities of such Debt Securitiesseries; and
(c3) at any time during the continuance of any such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent and furnish to the Trustee such information as it possesses regarding the names and addresses of the Persons entitled to such sumsAgent. The Company may at any time time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article VIIAgent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any, ) or interest (including Additional Interest), if any, on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any, ) or interest (including Additional Interest) has become due and payable shall be paid to the Company on upon Company Request, or, or (if then held by the Company, ) shall be discharged from such trust; and, upon such payment or discharge, and the Holder of such Debt Security shallor Coupon shall thereafter, as an unsecured general creditor and not as a Holder of an Outstanding Debt Securitycreditor, look only to the Company for payment of the amount so due and payable and remaining unpaidthereof, 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 payment to the Companyrepayment, may at the expense of the Company cause to be mailed, on one occasion onlytransmitted in the manner and to the extent provided by Section 1.05, notice to such Holder 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 mailingnotification, any unclaimed balance of such money then remaining will be paid repaid to the Company.
Appears in 1 contract
Samples: Indenture (Prison Realty Trust Inc)