Common use of Money for Debt Security Payments to be Held in Trust Clause in Contracts

Money for Debt Security Payments to be Held in Trust. If the Company, either Parent or Unilever U.S. shall at any time act as Paying Agent with respect to the Debt Securities of any series and any Coupons appertaining thereto, it will, on or before each due date for payment of the principal of (and premium, if any) or any interest on any of the Debt Securities of that series, segregate and hold or cause to be held in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium, if any) or any interest so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided and will promptly notify the Trustee of its failure so to act. Whenever any Issuer shall have one or more Paying Agents for any series of Debt Securities, it will, on or prior to each due date for payment of the principal of (and premium, if any) or any interest on any Debt Securities of that series, deposit with a Paying Agent a sum sufficient to pay the principal (and premium, if any) or any interest so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) such Issuer will promptly notify the Trustee of its action or its failure so to act. Each Issuer will cause each Paying Agent for any series of Debt Securities other than 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 will: (1) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; and (2) at any time during the continuance of any such default by the Issuer (or any other obligor upon the Debt Securities of that series) in the making of any payment of principal of (and premium, if any) or interest on Debt Securities of that series, upon the written request of the Trustee, forthwith pay to the Trustee all sums held in trust by such Paying Agent for payment in respect of such Debt Securities. The Company or either parent, as the case may be, may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Issuer Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or either Parent, as the case may be, 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 either Parent, as the case may be, or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, the Company or either Parent, as the case may be, or 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 any Issuer or any Guarantor, in trust for the payment of the principal of (and premium, if any) or any interest on any Debt Security of any series and remaining unclaimed for two years after such principal (and premium, if any) or any interest has become due and payable shall (after deduction for any intervening tax paid with respect thereto) be paid to such Issuer or such Guarantor, as the case may be, on Issuer Request, or (if then held by such Issuer or such Guarantor) shall be discharged from such trust; and the Holder of such Debt Security and the holder of any Coupon appertaining thereto shall thereafter, as an unsecured general creditor, look only to the Company, the Parents and Unilever U.S. for payment thereof (and, in the case of bearer Debt Securities or Coupons, such payments shall be made only outside the United States of America), and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company, either Parent or Unilever U.S. as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the applicable Issuer or Issuers cause to be published at least once, in Authorized Newspapers, published in the Borough of Manhattan, The City of New York, and London, England, 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 publication, any unclaimed balance of such money then remaining will be paid to the Company, either Parent or Unilever U.S., as the case may be.

Appears in 3 contracts

Samples: Indenture (Unilever N V), Indenture (Unilever United States Inc), Indenture (Unilever PLC)

AutoNDA by SimpleDocs

Money for Debt Security Payments to be Held in Trust. If the Company, either Parent or Unilever U.S. Company shall at any time act as its own Paying Agent with respect to the Debt Securities of any series and any Coupons appertaining theretoof Debt Securities, it will, on or before each due date for payment of the principal of (and premium, if any) or any interest interest, if any, on any of the Debt Securities of that series, segregate and hold or cause to be held in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and premium, if any) or any interest interest, if any, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided provided, and will promptly notify the Trustee of its action or failure so to act. Whenever any Issuer the Company shall have one or more Paying Agents for any series of Debt Securities, it will, on or prior to each due date for payment of the principal of (and premium, if any) or any interest interest, if any, on any Debt Securities of that series, deposit with a Paying Agent a sum sufficient to pay the principal (and premium, if any) or any interest 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, and (unless such Paying Agent is the Trustee) such Issuer the Company will promptly notify the Trustee of its action or its failure so to act. Each Issuer The Company will cause each Paying Agent for any series of Debt Securities other than 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 will: (1) comply with hold all sums held by it for the provisions payment of the Trust Indenture Act applicable principal of (and premium, if any) or interest, if any, on Debt Securities of that series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to it such Persons or otherwise disposed of as a Paying Agent; andherein provided; (2) at any time during give the continuance Trustee notice of any such default by the Issuer Company (or any other obligor upon the Debt Securities of that series) in the making of any payment of principal of (and premium, if any) or interest interest, if any, on the Debt Securities of that series; and (3) 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 for payment in respect of such Debt SecuritiesAgent. The Company or either parent, as the case may be, may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Issuer Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or either Parent, as the case may be, 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 either Parent, as the case may be, or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, the Company or either Parent, as the case may be, or such Paying Agent shall be released from all further liability with respect to such money. Any Subject to applicable escheat laws, any money deposited with the Trustee or any Paying Agent, or then held by any Issuer or any Guarantorthe Company, in trust for the payment of the principal of (and premium, if any) or any interest interest, if any, on any Debt Security of any series and remaining unclaimed for two three years after such principal (and premium, if any) or any interest interest, if any, has become due and payable shall (after deduction for any intervening tax paid with respect thereto) be paid to such Issuer or such Guarantor, as the case may be, Company on Issuer Company Request, or (if then held by such Issuer or such Guarantorthe Company) shall be discharged from such trust; and the Holder of such Debt Security and the holder of any Coupon appertaining thereto shall thereafter, as an unsecured general creditor, look only to the Company, the Parents and Unilever U.S. Company for payment thereof (and, in the case of bearer Debt Securities or Coupons, such payments shall be made only outside the United States of America)thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company, either Parent or Unilever U.S. Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or -------- ------- such Paying Agent, before being required to make any such repayment, may at the expense of the applicable Issuer or Issuers Company cause to be published at least once, in Authorized Newspapers, a newspaper published in the Borough English language, customarily published on each Business Day and of Manhattan, general circulation in The City of New York, and London, England, 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 publication, any unclaimed balance of such money then remaining will be paid repaid to the Company, either Parent or Unilever U.S., as the case may be.

Appears in 1 contract

Samples: Indenture (Nationwide Health Properties Inc)

Money for Debt Security Payments to be Held in Trust. If the Company, either Parent or Unilever U.S. Company shall at any time act as its own Paying Agent with respect to the Debt Securities of any series and any Coupons appertaining theretoof Debt Securities, it willthen, on or before each due date for payment of on which the principal of (and premium, if any) or any interest on any of the Debt Securities of that seriesseries shall become payable, by their terms or as a result of the calling thereof for redemption, the Company will set apart and segregate and hold or cause to be held in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the such principal (and premium, if any) or any interest which shall have become so becoming due payable until such sums shall be paid to such Persons or otherwise disposed of as herein provided provided, and will promptly notify the Trustee of its action or failure so to actact and of any failure by any other obligor upon the Debt Securities of that series to make any such payment. Whenever any Issuer If the Company shall appoint and at the time have one or more a Paying Agents Agent for any series of Debt Securities, it will, on or prior to each due date for the payment of the principal of (and premium, if any) or any interest on any series of Debt Securities, then, on or before the date on which the principal of (and premium, if any) or interest on any of the Debt Securities of that seriesseries shall become payable as aforesaid, deposit with a the Company will pay to such Paying Agent a sum sufficient to pay the such principal (and premium, if any) or any interest so becoming dueinterest, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interestthereto, and (unless such Paying Agent is the Trustee) such Issuer the Company will promptly notify the Trustee of its action or its failure so to act. Each Issuer will cause each If such Paying Agent for any series of Debt Securities shall be other than the Trustee Trustee, the Company will cause such Paying Agent 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 503, (1) that such Paying Agent will: (1) comply with shall hold all sums held by it for the provisions payment of the Trust Indenture Act applicable to it as a Paying Agent; and (2) at any time during the continuance of any such default by the Issuer (or any other obligor upon the Debt Securities of that series) in the making of any payment of principal of (and premium, if any) or interest on the Debt Securities of that seriesseries 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; (2) that such Paying Agent shall give the Trustee notice of any default by the Company or any other obligor upon the Debt Securities of that series in the making of any payment of the principal of (and premium, if any) or interest on the Debt Securities of that series when the same shall have become due and payable; and (3) that such Paying Agent shall, 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 for payment it. Anything in respect of such Debt Securities. The this Section 503 to the contrary notwithstanding, the Company or either parent, as the case may be, may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purposereason, pay, pay or by Issuer Order direct any Paying Agent cause to pay, be paid to the Trustee all sums held in trust by it or by any Paying Agent (other than the Company or either Parent, Trustee) as the case may be, or such Paying Agentrequired by this Section 503, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or either Parent, as the case may be, or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, the Company or either Parent, as the case may be, or 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 any Issuer or any Guarantorthe Company, in trust for the payment of the principal of (and premium, if any) or any interest on any Debt Security Securities of any series and remaining unclaimed for two years after such principal (and premium, if any) or any interest has become due and payable shall (after deduction for any intervening tax paid with respect thereto) be paid to such Issuer or such Guarantor, as the case may be, Company on Issuer Company Request, or (if then held by such Issuer or such Guarantorthe Company) shall be discharged from such trust; and the Holder of such Debt Security and the holder of any Coupon appertaining thereto shall thereafter, as an unsecured general creditor, look only to the Company, the Parents and Unilever U.S. Company for payment thereof (and, in the case of bearer Debt Securities or Coupons, such payments shall be made only outside the United States of America)thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company, either Parent or Unilever U.S. Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the applicable Issuer or Issuers cause to be published at least once, in Authorized Newspapers, published in the Borough of Manhattan, The City of New York, and London, England, 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 publication, any unclaimed balance of such money then remaining will be paid to the Company, either Parent or Unilever U.S., as the case may be.

Appears in 1 contract

Samples: Indenture (Limited Brands Inc)

AutoNDA by SimpleDocs

Money for Debt Security Payments to be Held in Trust. If the Company, either Parent or Unilever U.S. Company shall at any time act as its own Paying Agent with respect to the Debt Securities of any series and any Coupons appertaining theretoof Debt Securities, it willthen, on or before each due date for payment of on which the principal of (and premium, if any) or any interest on any of the Debt Securities of that seriesseries shall become payable, by their terms or as a result of the calling thereof for redemption, the Company will set apart and segregate and hold or cause to be held in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the such principal (and premium, if any) or any interest which shall have become so becoming due payable until such sums shall be paid to such Persons or otherwise disposed of as herein provided provided, and will promptly notify the Trustee of its action or failure so to actact and of any failure by any other obligor upon the Debt Securities of that series to make any such payment. Whenever any Issuer If the Company shall appoint and at the time have one or more a Paying Agents Agent for any series of Debt Securities, it will, on or prior to each due date for the payment of the principal of (and premium, if any) or any interest on any series of Debt Securities, then, on or before the date on which the principal of (and premium, if any) or interest on any of the Debt Securities of that seriesseries shall become payable as aforesaid, deposit with a the Company will pay to such Paying Agent a sum sufficient to pay the such principal (and premium, if any) or any interest so becoming dueinterest, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interestentitled. thereto, and (unless such Paying Agent is the Trustee) such Issuer the Company will promptly notify the Trustee of its action or its failure so to act. Each Issuer will cause each If such Paying Agent for any series of Debt Securities shall be other than the Trustee Trustee, the Company will cause such Paying Agent 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 5.03, (1) that such Paying Agent will: (1) comply with shall hold all sums held by it for the provisions payment of the Trust Indenture Act applicable to it as a Paying Agent; and (2) at any time during the continuance of any such default by the Issuer (or any other obligor upon the Debt Securities of that series) in the making of any payment of principal of (and premium, if any) or interest on the Debt Securities of that seriesseries 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; (2) that such Paying Agent shall give the Trustee notice of any default by the Company or any other obligor upon the Debt Securities of that series in the making of any payment of the principal of (and premium, if any) or interest on the Debt Securities of that series when the same shall have become due and payable; and (3) that such Paying Agent shall, 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 for payment it. Anything in respect of such Debt Securities. The this Section 5.03 to the contrary notwithstanding, the Company or either parent, as the case may be, may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purposereason, pay, pay or by Issuer Order direct any Paying Agent cause to pay, be paid to the Trustee all sums held in trust by it or by any Paying Agent (other than the Company or either Parent, Trustee) as the case may be, or such Paying Agentrequired by this Section 5.03, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or either Parent, as the case may be, or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, the Company or either Parent, as the case may be, or 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 any Issuer or any Guarantorthe Company, in trust for the payment of the principal of (and premium, if any) or any interest on any Debt Security Securities of any series and remaining unclaimed for two years after such principal (and premium, if any) or any interest has become due and payable shall (after deduction for any intervening tax paid with respect thereto) be paid to such Issuer or such Guarantor, as the case may be, Company on Issuer Company Request, or (if then held by such Issuer or such Guarantorthe Company) shall be discharged from such trust; and the Holder of such Debt Security and the holder of any Coupon appertaining thereto shall thereafter, as an unsecured general creditor, look only to the Company, the Parents and Unilever U.S. Company for payment thereof (and, in the case of bearer Debt Securities or Coupons, such payments shall be made only outside the United States of America)thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company, either Parent or Unilever U.S. Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the applicable Issuer or Issuers cause to be published at least once, in Authorized Newspapers, published in the Borough of Manhattan, The City of New York, and London, England, 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 publication, any unclaimed balance of such money then remaining will be paid to the Company, either Parent or Unilever U.S., as the case may be.

Appears in 1 contract

Samples: Indenture (Limited Brands Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!