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

Money for Note Payments to Be Held in Trust. Subject to any applicable escheat law, any money deposited with the Trustee in trust for payment to the Noteholders on any Payment Date and remaining unclaimed for three years after such payment has become due and payable shall be paid to the Issuer upon a written request of the Issuer; and any Noteholder with a right to or interest in such money shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof, and all liability of the Trustee with respect to such trust money, shall thereupon cease; provided, however, that the Trustee, before being required to make any such repayment, shall at the expense of the Issuer send by first class mail to each Noteholder with a right to or interest in monies due and payable but not claimed, at the last address as shown on the Note Register for such Noteholders, and cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the city in which the Trustee’s Office is located, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 60 days from the date of such publication, any unclaimed balance of such money then remaining shall be repaid to the Issuer. The Trustee may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to each Noteholder whose right to or interest in monies due and payable but not claimed is determinable from the records of the Trustee, at the last address as shown on the Note Register for such Noteholder).

Appears in 2 contracts

Samples: Indenture (Iconix Brand Group, Inc.), Indenture (Iconix Brand Group, Inc.)

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Money for Note Payments to Be Held in Trust. Subject The Trustee agrees, subject to any applicable escheat lawthe provisions of this Section, any that it will hold all sums held by it for the payment of principal 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. Any money deposited with the Trustee in trust for the payment to of the Noteholders principal or interest on any Payment Date Note and remaining unclaimed for three years after such payment principal or interest has become due and payable shall be paid to the Issuer upon a written request of the Issuer; and any Noteholder with a right to or interest in the Holder of such money Note shall thereafter, as an unsecured general creditor, and subject to any applicable statute of limitations, look only to the Issuer for payment thereof, and all liability of the Trustee with respect to such trust money, money or the related Note shall thereupon cease; provided, however, that the Trustee, before being required to make any such repayment, shall may at the expense of the Issuer send by first class mail to each Noteholder with a right to or interest in monies due and payable but not claimed, at the last address as shown on the Note Register for such Noteholders, and cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the city in which the Trustee’s Corporate Trust Office is located, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 60 30 days from the date of such publication, any unclaimed balance of such money then remaining shall -60- Indenture will be repaid to the Issuer. The Trustee may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to each Noteholder Noteholders whose right to or interest in monies due and payable but not claimed is determinable from the records of the Trustee, Trustee at the last address as shown on the Note Register for each such Noteholder).

Appears in 1 contract

Samples: Indenture (Financial Pacific Co)

Money for Note Payments to Be Held in Trust. Subject to any applicable escheat law, any money deposited with the Trustee in trust for payment to the Noteholders on any Payment Date and remaining unclaimed for three years after such payment has become due and payable shall be paid to the Issuer upon a written request of the Issueron Issuer Request; and any Noteholder with a right to or interest in the Holder of such money Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof, and all liability of the Trustee with respect to such trust money, shall thereupon cease; provided, however, that the Trustee, before being required to make any such repayment, shall at the expense of the Issuer send by first class mail to each Noteholder with a right to or interest in monies due and payable but not claimed, at the last address as shown on the Note Register for such Noteholders, and cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the city in which the Trustee’s 's Office is located, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 60 days from the date of such publication, any unclaimed balance of such money then remaining shall be repaid to the Issuer. The Trustee may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to each Noteholder whose right to or interest in monies due and payable but not claimed is determinable from the records of the Trustee, at the last address as shown on the Note Register for such Noteholder).

Appears in 1 contract

Samples: Indenture (Candies Inc)

Money for Note Payments to Be Held in Trust. Subject to any applicable escheat law, any money deposited with the Trustee Servicer in trust for payment to the Noteholders Lender on any Payment Date and remaining unclaimed for three years after such payment has become due and payable shall be paid to the Issuer upon a written request of the Issueron Issuer Request; and any Noteholder with a right to or interest in the Holder of such money Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof, and all liability of the Trustee Servicer with respect to such trust money, shall thereupon cease; provided, however, that the TrusteeServicer, before being required to make any such repayment, shall at the expense of the Issuer send by first class mail to each Noteholder the Lender with a right to or interest in monies due and payable but not claimed, at the last address as shown on the Note Register for such Noteholdersthe Lender, and cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the city in which the Trustee’s Servicer's Office is located, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 60 days from the date of such publication, any unclaimed balance of such money then remaining shall be repaid to the Issuer. The Trustee Servicer may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to each Noteholder the Lender whose right to or interest in monies due and payable but not claimed is determinable from the records of the TrusteeServicer, at the last address as shown on the Note Register for such Noteholderthe Lender).

Appears in 1 contract

Samples: Indenture (Cdbeat Com Inc)

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Money for Note Payments to Be Held in Trust. Subject The Indenture Trustee agrees, subject to any applicable escheat lawthe provisions of this Section 7.14, any that it will hold all sums held by it for the payment of principal or interest on the Notes in trust for the benefit of the Holders entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided. Any money deposited with the Indenture Trustee in trust for the payment to of the Noteholders principal or interest on any Payment Date Note and remaining unclaimed for three years after such payment principal or interest has become due and payable shall be paid to or at the Issuer upon a written request direction of the IssuerIssuers; and any Noteholder with a right to or interest in the Holder of such money Note shall thereafter, as an unsecured general creditor, and subject to any applicable statute of limitations, look only to the Issuer Issuers for payment thereof, and all liability of the Indenture Trustee with respect to such trust money, money or the related Note shall thereupon cease; provided, however, that the Indenture Trustee, before being required to make any such repayment, shall may at the expense of the Issuer send by first class mail to each Noteholder with a right to or interest in monies due and payable but not claimed, at the last address as shown on the Note Register for such Noteholders, and Issuers cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the city in which the Trustee’s Corporate Trust Office is located, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 60 30 days from the date of such publication, any unclaimed balance of such money then remaining shall will be repaid to to, or at the Issuerdirection of, the Issuers. The Indenture Trustee may also adopt and employ, at the expense of the IssuerIssuers, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to each Noteholder Holders whose right to or interest in monies due and payable but not claimed is determinable from the records of the Trustee, Indenture Trustee at the last address as shown on the Note Register for each such NoteholderHolder).

Appears in 1 contract

Samples: Indenture (Andersons Inc)

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