Common use of Money for Note Payments to Be Held in Trust Clause in Contracts

Money for Note Payments to Be Held in Trust. The Issuer shall cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee, subject to the provisions of this Section, that such Paying Agent shall: (i) hold all sums held by it in respect of payments on Notes in trust for the benefit of the Noteholders entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided; (ii) give the Indenture Trustee notice of any default by the Issuer (or any other obligor upon the Notes) in the making of any payment; and (iii) at any time during the continuance of any such default, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or direct any Paying Agent to pay, to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which such sums were held by such Paying Agent; and, upon such payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money.

Appears in 15 contracts

Samples: Indenture (PennyMac Mortgage Investment Trust), Indenture (loanDepot, Inc.), Indenture (New Residential Investment Corp.)

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Money for Note Payments to Be Held in Trust. The Issuer Indenture Trustee shall cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee, subject to the provisions of this Section, that such Paying Agent shall: (i) hold all sums held by it in respect of payments on Notes in trust for the benefit of the Noteholders entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided; (ii) give the Indenture Trustee notice of any default by the Issuer (or any other obligor upon the Notes) in the making of any payment; and (iii) at any time during the continuance of any such default, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or direct any Paying Agent to pay, to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which such sums were held by such Paying Agent; and, upon such payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money.

Appears in 10 contracts

Samples: Indenture (New Residential Investment Corp.), Indenture (New Residential Investment Corp.), Indenture (Nationstar Mortgage Holdings Inc.)

Money for Note Payments to Be Held in Trust. The Trustee shall execute and deliver, and if there is any Paying Agent other than the Trustee, the Issuer shall will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture TrusteeTrustee that, subject to the provisions of this SectionSection 11.02, that such Paying Agent shallwill: (i) hold all sums held by it in respect for the payment of payments principal of or interest on Notes in trust for the benefit of the Noteholders entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided; (ii) give the Indenture Trustee notice of any default Default by the Issuer (or any other obligor upon the Notes) in the making of any paymentpayment of principal or interest; and (iii) at any time during the continuance of any such defaultDefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent. The Issuer 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 Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which such sums were held by such Paying Agent; and, upon such payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money.

Appears in 5 contracts

Samples: Indenture (Trendwest Resorts Inc), Indenture (Trendwest Resorts Inc), Indenture (Trendwest Resorts Inc)

Money for Note Payments to Be Held in Trust. The Issuer shall cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee, subject to the provisions of this Section, that such Paying Agent shall: (i) hold all sums held by it in respect of payments on Notes in trust for the benefit of the Noteholders entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided; (ii) give the Indenture Trustee notice of any default by the Issuer (or any other obligor upon the Notes) in the making of any payment; and (iii) at any time during the continuance of any such default, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Base Indenture or for any other purpose, pay, or direct any Paying Agent to pay, to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which such sums were held by such Paying Agent; and, upon such payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money.

Appears in 3 contracts

Samples: Base Indenture (Mr. Cooper Group Inc.), Base Indenture (loanDepot, Inc.), Base Indenture (PennyMac Financial Services, Inc.)

Money for Note Payments to Be Held in Trust. The Issuer If the Company shall cause at any time act as its own Paying Agent, it shall, on or before each Paying Agent other than due date of the Indenture Trustee to execute principal of (and deliver to premium, if any, on) or interest on any of the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture TrusteeNotes, subject to the provisions of this Section, that such Paying Agent shall: (i) segregate and hold all sums held by it in respect of payments on Notes in trust for the benefit of the Noteholders Persons entitled thereto a sum sufficient to pay the principal (and premium, if any) or interest so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided; (ii) give provided and shall promptly notify the Indenture Trustee notice of any default by its action or failure so to act. Whenever the Issuer (Company shall have one or any other obligor upon more Paying Agents for the Notes) in the making of any payment; and (iii) at any time during the continuance of any such default, upon the written request it shall, on or before each due date of the Indenture Trusteeprincipal of (and premium, forthwith if any, on), or interest on, any Notes, deposit with a Paying Agent a sum sufficient to pay the principal (and premium, if any) or interest so becoming due, such sum to the Indenture Trustee all sums so be held in trust by for the benefit of the Persons entitled to such principal, premium or interest, and (unless such Paying AgentAgent is the Trustee) the Company shall promptly notify the Trustee of such action or any failure so to act. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or direct any Company shall cause each Paying Agent (other than the Trustee) to pay, execute and deliver to the Indenture Trustee all sums held an instrument in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which such sums were held by such Paying Agent; and, upon such payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability agree with respect the Trustee, subject to the provisions of this Section, that such money.Paying Agent will:

Appears in 2 contracts

Samples: Indenture (Fleming Companies Inc /Ok/), Indenture (Fleming Companies Inc /Ok/)

Money for Note Payments to Be Held in Trust. The Issuer Indenture Trustee shall cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee, subject to the provisions of this SectionSection 9.5(o), that such Paying Agent shall: (i) hold all sums held by it in respect of payments on Notes in trust for the benefit of the Noteholders entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided; (ii) give the Indenture Trustee notice of any default by the Issuer (or any other obligor upon the Notes) in the making of any payment; and (iii) at any time during the continuance of any such default, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or direct any Paying Agent to pay, to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which such sums were held by such Paying Agent; and, upon such payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money.

Appears in 2 contracts

Samples: Indenture (DITECH HOLDING Corp), Indenture (DITECH HOLDING Corp)

Money for Note Payments to Be Held in Trust. (a) Whenever the Company shall have a Paying Agent other than the Trustee, it will, by Company Order delivered on or before the Business Day next preceding each Payment Date, direct the Trustee to deposit with such Paying Agent on or before such Payment Date a sum sufficient to pay the amounts then becoming due, and the Trustee shall, to the extent it has received such amount from the Company, deposit such amount with the Paying Agent as directed. Such sum shall be held in trust for the benefit of the Persons entitled to such payments. (b) The Issuer shall Company will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee, subject to the provisions of this Section, that such Paying Agent shallAgent, in acting as Paying Agent, will: (i) hold all sums held by it in for the payment of amounts due with respect of payments on to the Notes in trust for the benefit of the Noteholders Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and pay such sums to such Persons as herein provided; (ii) give the Indenture Trustee notice of any default by the Issuer Company (or any other obligor upon the Notes) in the making of any paymentpayment required to be made with respect to the Notes; and (iii) at any time during the continuance of any such default, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or direct any Paying Agent to pay, to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which such sums were held by such Paying Agent; and, upon such payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money.Paying

Appears in 1 contract

Samples: Indenture (Sovereign Credit Finance I Inc)

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Money for Note Payments to Be Held in Trust. The Indenture Trustee shall execute and deliver, and if there is any Paying Agent other than the Indenture Trustee, the Issuer shall cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee and the Controlling Party an instrument in which such Paying Agent shall agree with the Indenture TrusteeTrustee that, subject to the provisions of this Section, that such Paying Agent shall: (ia) hold all sums held by it in respect for the payment of payments principal or interest on Notes in trust for the benefit of the Noteholders entitled thereto and the Note Insurer until such sums shall be paid to such Persons or otherwise disposed of as herein provided; (iib) give the Indenture Trustee Trustee, the Note Insurer and the Noteholders notice of any default Default by the Issuer (or any other obligor upon the Notes) in the making of any paymentpayment of principal or interest; and (iiic) at any time during the continuance of any such defaultDefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent. The Issuer 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 Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which such sums were held by such Paying Agent; and, upon such payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money.the

Appears in 1 contract

Samples: Indenture (Microfinancial Inc)

Money for Note Payments to Be Held in Trust. The Issuer shall cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee, subject to the provisions of this Section, that such Paying Agent shall: (i) hold all sums held by it in respect of payments on Notes in trust for the benefit of the Noteholders entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided; (ii) give the Indenture Trustee notice of any default by the Issuer (or any other obligor upon the Notes) in the making of any payment; and (iii) at any time during the continuance of any such default, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or direct any Paying Agent to pay, to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which such sums were held by such Paying Agent; and, upon such payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money.

Appears in 1 contract

Samples: Indenture (Oakwood Homes Corp)

Money for Note Payments to Be Held in Trust. The Indenture Trustee shall execute and deliver, and if there is any Paying Agent other than the Indenture Trustee, the Issuer shall will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee and the Bond Insurer an instrument in which such Paying Agent shall agree with the Indenture TrusteeTrustee that, subject to the provisions of this Section, that such Paying Agent shallwill: (i) hold all sums held by it in respect for the payment of payments principal of or interest on Notes in trust for the benefit of the Noteholders entitled thereto and the Bond Insurer until such sums shall be paid to such Persons or otherwise disposed of as herein provided; (ii) give the Indenture Trustee Trustee, the Coordinator and the Bond Insurer notice of any default Default by the Issuer (or any other obligor upon the Notes) in the making of any paymentpayment of principal or interest; and (iii) at any time during the continuance of any such defaultDefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or direct any Paying Agent to pay, to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which such sums were held by such Paying Agent; and, upon such payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money.

Appears in 1 contract

Samples: Indenture (T&w Financial Corp)

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