Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of 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; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; 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 that series of Securities. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.
Appears in 13 contracts
Samples: Indenture (Cobrew SA/NV), Indenture (Anheuser-Busch InBev SA/NV), Indenture (Brandbev S.a r.l.)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to the Securities of any series of Securitiesseries, it willshall, on or before each due date of the principal of or any premium or interest and premium, if any, and interest, if any, on any of the Securities of that seriessuch Securities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and or interest so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided and will provided. The Company shall promptly notify the Trustee of its action any failure by the Company (or failure so any other obligor on such Securities) to actmake any payment of principal of or premium, if any, or interest, if any, on such Securities. Whenever the Company shall have one or more Paying Agents for the Securities of any series of Securitiesseries, it willshall, on or before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any and premium, if any, and interest, if any, on such Securities, deposit with such Paying Agents sums sufficient (without duplication) to pay the principal and premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountso becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee of its action or any failure by it so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will shall cause each Paying Agent for the Securities of any series of Securitiesseries, 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 will shall:
(1a) 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 such Securities 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; herein provided;
(2b) give the Trustee notice of any default failure by the Company or any Guarantor (or any other obligor upon the such Securities) in the making of to make any payment of principal, principal of or premium, if any, any Additional Amounts or interest interest, if any, on the such Securities; and and
(3c) 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 and furnish to the Trustee such information as it possesses regarding the names and addresses of that series of Securitiesthe Persons entitled to such sums. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, 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 AgentAgent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article Seven; 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 any premium or interest interest, if any, on any Security of any series and remaining unclaimed for two years after such principalprincipal and premium, premium if any, or 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, and upon such payment or discharge, the Holder of such Security shall thereaftershall, as an unsecured general creditorcreditor and not as a Holder of an Outstanding Security, look only to the Company for payment thereofof 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 repayment payment to the Company, may at the expense of the Company cause to be published oncemailed, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New Yorkone 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 publicationmailing, any unclaimed balance of such money then remaining will be repaid paid to the Company.
Appears in 13 contracts
Samples: Indenture (Tu Electric Capital Ii), Indenture (Minnesota Power Inc), Indenture (Delmarva Power & Light Co /De/)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to the Securities of any series of Securitiesseries, or any Tranche thereof, it willshall, on or before each due date of the principal of or any premium or interest and premium, if any, and interest, if any, on any of the Securities of that seriessuch Securities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and or interest so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided and will provided. The Company shall promptly notify the Trustee of its action any failure by the Company (or failure so any other obligor on such Securities) to actmake any payment of principal of or premium, if any, or interest, if any, on such Securities. Whenever the Company shall have one or more Paying Agents for the Securities of any series of Securitiesseries, or any Tranche thereof, it willshall, on or before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any and premium, if any, and interest, if any, on such Securities, deposit with such Paying Agents sums sufficient (without duplication) to pay the principal and premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountso becoming due, such sum sums to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee of its action or any failure by it so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will shall cause each Paying Agent for the Securities of any series of Securitiesseries, 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 will (1) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; 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 that series of Securities. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.shall:
Appears in 11 contracts
Samples: Indenture (Texas Utilities Electric Co), Indenture (Washington Water Power Capital Iii), Indenture (For Unsecured Debt Securities) (National Fuel Gas Co)
Money for Securities Payments to Be Held in Trust. If the Company Partnership or a Guarantor any of its Subsidiaries shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company Partnership shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company Partnership will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company Partnership will cause each Paying Agent for any series of Securities, Securities other than 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 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 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 Agentherein provided; (2) give the Trustee notice of any default by the Company or any Guarantor Partnership (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the SecuritiesSecurities 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 the Securities of that series of Securitiesseries. The Company Partnership may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Partnership Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Partnership 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 Partnership or such Paying Agent; 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 CompanyPartnership, in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company Partnership on Company Partnership Request, or (if then held by the CompanyPartnership) shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company Partnership for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Partnership as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company Partnership cause to be published once, in a newspaper published an Authorized Newspaper in the English language, customarily published on each Business Day and Place of general circulation in the City of New YorkPayment with respect to such series, 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 repaid to the CompanyPartnership.
Appears in 8 contracts
Samples: Subordinated Indenture (Inergy L P), Indenture (Alliance Resource Partners Lp), Indenture (Star Gas Partners Lp)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent Agent, with respect to any series of Securities, it willshall, on or before each due date of the principal of or of, any premium or interest on on, any of the Securities of that such 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 Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 for the Securities of such series) sufficient to pay the principal and or any premium and or interest so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided provided, and will shall promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it willshall, before 10:00 no later than 11:00 am (London time) at least one Business Day on or prior to each due date of the principal of, any premium or interest on, any Securities of such series, deposit with any 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 or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountso becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled thereto, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will shall cause each Paying Agent for any series of Securities, Securities other than 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 will shall:
(1) comply with hold all sums held by it for the provisions payment of the Trust Indenture Act applicable principal of, any premium or interest on, Securities of such 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; provided in or pursuant to this Indenture;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of such series) in the making of any payment of principal, premium, if any, any Additional Amounts premium or interest on the Securitieson, Securities of such series; and 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 that series of SecuritiesAgent. The Company may at any 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, 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 herein or pursuant hereto, 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 or of, any premium or interest on on, any Security of any series or any Coupon appertaining thereto and remaining unclaimed for two years after such principal, principal or any such premium or interest has shall have become due and payable shall be paid to the Company on Company Request, or (if then held by the Company) ), unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property laws, shall be discharged from such trust, ; and the Holder of such Security or any Coupon appertaining thereto shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company cause to be published once, in a newspaper published an Authorized Newspaper in the English languageeach Place of Payment for such series or to be mailed to Holders of Registered Securities of such series, customarily published on each Business Day and of general circulation in the City of New Yorkor both, 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 publicationpublication or mailing nor shall it be later than two years after such principal and any premium or interest shall have become due and payable, any unclaimed balance of such money then remaining will be repaid to the Company.
Appears in 5 contracts
Samples: Indenture (Cit Group Inc), Indenture (Cit Group Inc), Indenture (Cit Group Inc)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesSecurities and any related coupons, it will, on or before each due date of the principal of or any premium or and interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) sufficient to pay the principal and any premium and interest on Securities of such series 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 in writing of its action or failure so to act. Whenever the Company there shall have be one or more Paying Agents other than the Company for any series of SecuritiesSecurities and any related coupons, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium or and interest or any other amounts on any Securities of that seriesSecurities, deposit with a Paying Agent a sum (in immediately available funds the Currency described in the preceding paragraph) sufficient to pay such amountamount so becoming due, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will (1i) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; Agent and (2ii) give during the Trustee notice continuance of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment in respect of principal, premium, if any, any Additional Amounts or interest on the Securities; , 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 that series of the Securities. The Company may at any 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, 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 provided in the Securities of any series, and subject to any applicable abandoned property laws, 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 or any premium or interest on any Security of any series series, or any coupon appertaining thereto, and remaining unclaimed for two years after such principal, premium or and 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 the Holder of such Security or coupon shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may repayment, shall at the expense of the Company cause to be published once, in a newspaper published an Authorized Newspaper in the English language, customarily published on each Business Day and Place of general circulation in the City of New YorkPayment, 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 repaid to the Company.
Appears in 5 contracts
Samples: Indenture (Lifevantage Corp), Indenture (Coca-Cola European Partners Us, LLC), Indenture (Medicinova Inc)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium (and premium, if any) or interest on or any Additional Amounts with respect to any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and any premium 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 and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it the Company will, on or before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium (and premium, if any) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal (and premium, if any) or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will 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), interest on or any Additional Amounts with respect to it 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 a Paying Agent; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any), interest on or any Additional Amounts or interest on with respect to the SecuritiesSecurities of that series; and 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 that series of SecuritiesAgent. The Company may at any 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, 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 or any premium (and premium, if any) or interest on any Security of any series and remaining unclaimed for two three years after such principalprincipal (and premium, premium if any) or interest has become due and payable shall shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be paid to the Company on Company Request, or (if then held by the Company) shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company cause to be published once, in a newspaper published an Authorized Newspaper in the English languageBorough of Manhattan, customarily published on each Business Day and of general circulation in the City of New YorkYork and in such other Authorized Newspapers as the Trustee shall deem appropriate, notice that such money remains unclaimed and that, after a date specified thereinherein, which shall not be less than 30 days from the date of such publication, 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 repaid to the Company.
Appears in 5 contracts
Samples: Indenture Agreement (Castellum, Inc.), Indenture (Iveda Solutions, Inc.), Indenture (SRM Entertainment, Inc.)
Money for Securities Payments to Be Held in Trust. If the Company or a the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium (and premium, if any) or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and any premium 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 and will promptly notify the Trustee of its action or failure so to act. Whenever the Company and the Guarantor shall have one or more Paying Agents for any series of Securities, it will, on or before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium (and premium, if any) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal (and premium, if any) or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will 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 on 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; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any, any Additional Amounts ) or interest on the SecuritiesSecurities of that series; and 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 that series of SecuritiesAgent. The Company may at any 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, 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 CompanyCompany or the Guarantor, in trust for the payment of the principal of or any premium (and premium, if any) or interest on any Security of any series and remaining unclaimed for two years one year after such principalprincipal (and premium, premium if any) or interest has become due and payable shall be paid to the Company or the Guarantor, as the case may be, on Company Request or Guarantor Request, as the case may be, or (if then held by the CompanyCompany or the Guarantor) shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company (or to the Guarantor pursuant to its Guarantee) for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company 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 repayment may at the expense of the Company 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 of New York, 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 repaid to the Company.
Appears in 4 contracts
Samples: Indenture (Platinum Underwriters Holdings LTD), Indenture (Platinum Underwriters Holdings LTD), Indenture Agreement (Platinum Underwriters Holdings LTD)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor any of its Affiliates shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons Holders entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents Agents, and if the Company or any of its Affiliates are not acting as Paying Agent for any series of Securities, it will, on or before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available same day funds sufficient to pay such amountamount so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, or any premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No If the Company is not acting as Paying Agent shall be obligated to make any payment with respect to Agent, the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will (1i) comply with hold all sums held by it for the provisions payment of the Trust Indenture Act applicable principal of, and any premium or interest on the Securities 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; herein provided, (2ii) give the Trustee notice of any default by the Company Company, any Guarantor, if any, or any Guarantor (or any other obligor upon the Securities) Securities of that series in the making of any payment of principal, premium, if any, principal of or any Additional Amounts premium or interest on the Securities; and , (3iii) at any time during the continuance of any such defaultdefault by the Company, the Guarantors, if applicable, or any other obligor upon the Securities of that series, 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 the Securities of that series series, and (iv) acknowledge, accept and agree to comply in all respects with the provisions of Securitiesthis Indenture relating to the duties, rights and liabilities of such Paying Agent. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall promptly be paid to the Company on Company Request, or (if then held by the Company) shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company 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 The City of New York, New York, and mail to each 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 publicationnotification, publication and mailing any unclaimed balance of such money then remaining will be repaid to the Company.
Appears in 4 contracts
Samples: Senior Indenture (Sonic Automotive Inc), Subordinated Indenture (Sonic Automotive Inc), Subordinated Indenture (Sonic Automotive 1495 Automall DR Columbus Inc)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor any of its Subsidiaries shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 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 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 Agentherein provided; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the SecuritiesSecurities 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 the Securities of that series series. If an Event of SecuritiesDefault occurs and is continuing under Section 5.01(4) or Section 5.01(5), the Trustee shall automatically be the Paying Agent. The Company may at any 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, 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, Agent in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, state which escheat laws control and the Trustee or (if then held by the Company) any Paying Agent shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company state which escheat laws control for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment payment, may at the expense of the Company 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 of New Yorkan Authorized Newspaper, 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 repaid paid to the Companystate whose escheat laws control.
Appears in 4 contracts
Samples: Indenture (Financial Institutions Inc), Indenture (Financial Institutions Inc), Indenture (Financial Institutions Inc)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to Noon, New York City time, on each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit (or, if the Company has deposited any trust funds with a trustee pursuant to Section 13.04(a), causes such trustee to deposit) with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 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 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 Agentherein provided; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the SecuritiesSecurities 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 the Securities of that series of Securitiesseries. The Company may at any 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, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all an 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company 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 Borough of Manhattan, The City of New York, 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 repaid to the Company.
Appears in 4 contracts
Samples: Indenture (Teledyne Technologies Inc), Indenture (Teledyne Technologies Inc), Indenture (Flir Systems Inc)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor any of its Subsidiaries shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 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 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 Agentherein provided; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the SecuritiesSecurities 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 the Securities of that series of Securitiesseries. The Company and, if applicable, the Guarantors may at any 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, 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, Agent in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, state which escheat laws control and the Trustee or (if then held by the Company) any Paying Agent shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company state which escheat laws control for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment payment, may at the expense of the Company 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 of New Yorkan Authorized Newspaper, 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 repaid paid to the Companystate whose escheat laws control.
Appears in 3 contracts
Samples: Indenture (El Paso Pipeline Partners, L.P.), Indenture (El Paso Pipeline Partners Operating Company, L.L.C.), Indenture (El Paso Pipeline Partners Operating Company, L.L.C.)
Money for Securities Payments to Be Held in Trust. If the Company or a the Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesSecurities and any related coupons, it will, on or before each due date of the principal of or any premium or and interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) sufficient to pay the principal and any premium and interest on Securities of such series 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium or and interest or any other amounts on any Securities of that seriesSecurities, deposit with a Paying Agent a sum (in immediately available funds the Currency described in the preceding paragraph) sufficient to pay such amountamount so becoming due, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will (1i) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; Agent and (2ii) give during the Trustee notice continuance of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment in respect of principal, premium, if any, any Additional Amounts or interest on the Securities; , 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 that series of the Securities. The Company may at any 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, 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 provided in the Securities of any series, and subject to any applicable abandoned Property laws, 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 or any premium or interest on any Security of any series series, or any coupon appertaining thereto, and remaining unclaimed for two years after such principal, premium or and interest has become due and payable shall be paid to the Company on Company Request, or (if then held by the CompanyCompany or the Guarantor) shall be discharged from such trust, ; and the Holder of such Security or coupon shall thereafter, as an unsecured general creditor, look only to the Company and, if applicable, the Guarantor for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company 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 repayment repayment, may at the expense of the Company cause to be published once, in a newspaper published an Authorized Newspaper in the English language, customarily published on each Business Day and Place of general circulation in the City of New YorkPayment, 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 repaid to the Company.
Appears in 3 contracts
Samples: Indenture (American Axle & Manufacturing Holdings Inc), Indenture (American Axle & Manufacturing Inc), Indenture (American Axle & Manufacturing Holdings Inc)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to the Securities of any series of Securitiesseries, or any Tranche thereof, it willshall, on or before each due date of the principal of or any premium or interest and premium, if any, and interest, if any, on any of the Securities of that seriessuch Securities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and or interest so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided and will provided. The Company shall promptly notify the Trustee of its action any failure by the Company (or failure so any other obligor on such Securities) to actmake any payment of principal of or premium, if any, or interest, if any, on such Securities. Whenever the Company shall have one or more Paying Agents for the Securities of any series of Securitiesseries, or any Tranche thereof, it willshall, on or before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any and premium, if any, and interest, if any, on such Securities, deposit with such Paying Agents sums sufficient (without duplication) to pay the principal and premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountso becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee of its action or any failure by it so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will shall cause each Paying Agent for the Securities of any series of Securitiesseries, 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 will (1) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; 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 that series of Securities. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.shall:
Appears in 3 contracts
Samples: Indenture for Unsecured Subordinated Debt Securities (Union Electric Co), Indenture Agreement (Union Electric Co), Indenture (National Rural Utilities Cooperative Finance Corp /Dc/)
Money for Securities Payments to Be Held in Trust. If the Company Partnership or a Guarantor any of its Subsidiaries shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company Partnership shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company Partnership will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company Partnership will cause each Paying Agent for any series of Securities, Securities other than 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 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 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 Agentherein provided; (2) give the Trustee notice of any default by the Company or any Guarantor Partnership (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the SecuritiesSecurities 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 the Securities of that series of Securitiesseries. The Company Partnership may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Partnership Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Partnership 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 Partnership or such Paying Agent; 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, Agent in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, state which escheat laws control and the Trustee or (if then held by the Company) any Paying Agent shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company state which escheat laws control for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Partnership as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment payment, may at the expense of the Company Partnership 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 of New Yorkan Authorized Newspaper, 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 repaid paid to the Companystate whose escheat laws control.
Appears in 3 contracts
Samples: Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P)
Money for Securities Payments to Be Held in Trust. (a) If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or any interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. .
(b) Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium or any interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. .
(c) The Company will cause each Paying Agent for any series of Securities, Securities (other than the 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 SectionSection 4.03, that such Paying Agent will (1i) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; (2ii) hold all sums held by it for the payment of the principal of (and premium, if any) or interest, if any, on the Securities of that series in trust for the benefit of the Holders until such sums shall be paid to such Holders or otherwise disposed of as herein provided; (iii) give the Trustee notice of any default Default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the SecuritiesSecurities of that series; and (3iv) at any time during the continuance of any such defaultDefault by the Company (or any other obligor upon the Securities of that series) in the making of any payment in respect of the Securities of that series, and upon the written request of the that Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent for payment in respect of the Securities of that series of Securities. series.
(d) The Company may at any 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, 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 money. .
(e) 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 or any premium or any interest on any Security of any series and remaining unclaimed for two years after such principal, premium premium, or interest has become due and payable shall will be paid to the Company on upon a Company RequestOrder (or, or (if then held by the Company) shall , will be discharged from such trust, ); and the Holder of such Security shall will thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall money will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company 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 Borough of Manhattan, The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 calendar days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Western Digital Corp), Indenture (Western Digital Technologies Inc), Indenture (Graftech International LTD)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it will, on or before each due date of the principal of or any premium (and premium, if any), or interest on or Additional Amounts in respect of, any of the Securities 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 Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) sufficient to pay the principal (and any premium and premium, if any) or interest or Additional Amounts 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 the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it will, on or before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium (and premium, if any), or interest on or any other amounts on Additional Amounts in respect of, any Securities of that series, deposit with a Paying Agent a sum (in immediately available funds the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay such amountthe principal (and premium, if any) or interest or Additional Amounts, so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, other than 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 will will
(1) comply with hold all sums held by it for the provisions payment of principal of (and premium, if any) or interest on Securities in trust for the benefit of the Trust Indenture Act applicable Persons entitled thereto until such sums shall be paid to it such Persons or otherwise disposed of as a Paying Agent; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any such payment of principal, principal (and premium, if any, any Additional Amounts ) or interest on the Securitiesinterest; and and
(3) 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 for payment in respect of that series of SecuritiesAgent. The Company may at any 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, 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 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 any premium or interest on Additional Amounts in respect of, any Security of any series and remaining unclaimed for two years after such principalprincipal (and premium, premium if any), or interest or Additional Amounts has become due and payable shall be paid to the Company on upon Company Request, Request or (if then held by the Company) shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereofof such principal of (and premium, 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; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company cause notice to be mailed to the Holders or published once, once in a newspaper published in an Authorized Newspaper to the English language, customarily published on each Business Day and of general circulation in the City of New York, notice 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 mailing or publication, any unclaimed balance of such money then remaining will be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Pep Boys Manny Moe & Jack), Indenture (Level 3 Communications Inc), Indenture (Pep Boys Manny Moe & Jack)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesSecurities and any related coupons, it will, on or before each due date of the principal of or any premium (and premium, if any, on) or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) sufficient to pay the principal (and any premium 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 and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it will, before 10:00 am (London time) at least one Business Day prior to or on each due date of the principal of or any premium (and premium, if any, on) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum (in immediately available funds the Currency described in the preceding paragraph) sufficient to pay such amountthe principal (and premium, if any) or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent (other than the Trustee) for any series of Securities, other than the Trustee, 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 will 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, on) and interest on Securities of such 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; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of such series) in the making of any payment of principal, principal of (or premium, if any, any Additional Amounts on) or interest on the SecuritiesSecurities of such series; and 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 that series of SecuritiesAgent. The Company may at any 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, 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 provided in the 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 or any premium (and premium, if any, on) or interest on any Security of any series series, or any coupon appertaining thereto, and remaining unclaimed for two years after such principalprincipal (and premium, premium if any) or 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 the Holder of such Security or coupon shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company 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 of New Yorkan Authorized Newspaper, 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 repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Cendant Corp), Indenture (Cendant Corp), Indenture (Cendant Corp)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest interest, if any, on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and or 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal or interest becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will will.
(1) comply with hold all sums held by it for the provisions payment of the Trust Indenture Act applicable principal of or interest on 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; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, premium, if any, any Additional Amounts principal or interest on the SecuritiesSecurities of that series; and 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 that series of SecuritiesAgent. The Company may at any 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, 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 or any premium (and premium, if any) or interest on any Security of any series and remaining unclaimed for two three years after such principalprincipal (and premium, premium if any) or interest interest, if any, 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, . however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company 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 Borough of Manhattan, The City of New YorkYork and in each Place of Payment for Securities of that series, 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 repaid to the Company, unless otherwise required by mandatory provision of applicable escheat, or abandoned or unclaimed property law.
Appears in 3 contracts
Samples: Indenture (Thaxton Group Inc), Indenture (Thaxton Group Inc), Indenture (Thaxton Group Inc)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of (and premium, if any) or any premium or interest interest, if any, on any of the Securities of that series, set aside, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and any premium 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 and will promptly notify the Trustee of its action or failure so to actact or of any failure by the Company (or by any other obligor on the Securities of that series) to make any payment of the principal of (and premium, if any) or interest, if any, on the Securities of such series when the same shall be due and payable. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day or prior to the opening of business on each due date of the principal of or any premium (and premium, if any) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal (and premium, if any) or interest, if any, so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal (and premium, if any) or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No If the Company shall appoint a Paying Agent shall be obligated to make any payment with respect to other than the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent Trustee for any series of Securities, other than the Trustee, it 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 Section, that such Paying Agent will 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 the 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; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the SecuritiesSecurities of that series; and 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 that series of SecuritiesAgent. The Company may at any time, for the purpose of obtaining the satisfaction and discharge with respect to one or more or all series of this Indenture Securities hereunder or for any other purposereason, pay, pay or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust for any such series 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, 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, Company in trust for the payment of the principal of or any premium (and premium, if any) or interest on any Security of any series and remaining unclaimed for two years after such principalprincipal (and premium, premium if any) or interest has become due and payable shall be paid to the Company on Company RequestRequest subject to applicable abandoned property and escheat law, or (if then held by the Company) shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company cause to be published once, once a week for two consecutive weeks (in a newspaper published each case on any day of the week) in the English language, customarily published on each Business Day and of general circulation in the City of New York, an Authorized Newspaper 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 repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Century Communications Corp), Subordinated Indenture (Century Communications Corp), Indenture (Centennial Puerto Rico Operations Corp)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to the Securities of any series of Securitiesseries, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in cash sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for the Securities of any series of Securitiesseries, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds cash sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for the Securities of any series of Securitiesseries, 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 (1i) hold all sums held by it for the payment of the principal of or any premium or interest on 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; (ii) give the Trustee notice of any default by the Company (or any other obligor upon the Securities of that series) in the making of any payment of principal or any premium or interest on the Securities of that series; (iii) during the continuance of any default by the Company (or any other obligor upon the Securities of that series) in the making of any payment in respect of the Securities of that series, and 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 the Securities of that series; and (iv) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; 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 that series of Securities. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company cause to be published once, once in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the The City of New York, York or mailed to each Holder entitled to such money 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 repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Oakwood Homes Corp), Indenture (Oakwood Homes Corp)
Money for Securities Payments to Be Held in Trust. If the Company Partnership or a Guarantor any of its Subsidiaries shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company Partnership shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company Partnership will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company Partnership will cause each Paying Agent for any series of Securities, Securities other than 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 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 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 Agentherein provided; (2) give the Trustee notice of any default by the Company or any Guarantor Partnership (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the SecuritiesSecurities 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 the Securities of that series of Securitiesseries. The Company Partnership and, if applicable, the Guarantors may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Partnership Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Partnership 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 Partnership or such Paying Agent; 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, Agent in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, state which escheat laws control and the Trustee or (if then held by the Company) any Paying Agent shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company state which escheat laws control for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Partnership as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment payment, may at the expense of the Company Partnership 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 of New Yorkan Authorized Newspaper, 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 repaid paid to the Companystate whose escheat laws control.
Appears in 2 contracts
Samples: Indenture (El Paso Pipeline Partners Operating Company, L.L.C.), Indenture (El Paso Pipeline Partners Operating Company, L.L.C.)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium (and premium, if any) or interest on or any Additional Amounts with respect to any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and any premium 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 and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it the Company will, on or before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium (and premium, if any) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal (and premium, if any) or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will 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), interest on or any Additional Amounts with respect to it 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 a Paying Agent; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any), interest on or any Additional Amounts or interest on with respect to the SecuritiesSecurities of that series; and 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 that series of SecuritiesAgent. The Company may at any 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, 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 or any premium (and premium, if any) or interest on any Security of any series and remaining unclaimed for two three years after such principalprincipal (and premium, premium if any) or interest has become due and payable shall shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be paid to the Company on Company Request, or (if then held by the Company) shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company cause to be published once, in a newspaper published an Authorized Newspaper in the English languageThe Borough of Manhattan, customarily published on each Business Day and of general circulation in the The City of New YorkYork and in such other Authorized Newspapers as the Trustee shall deem appropriate, notice that such money remains unclaimed and that, after a date specified thereinherein, which shall not be less than 30 days from the date of such publication, 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 repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Transocean Offshore Inc), Indenture (Transocean Offshore Inc)
Money for Securities Payments to Be Held in Trust. If the Company Partnership or a Guarantor any of its Subsidiaries shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company Partnership shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company Partnership will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company Partnership will cause each Paying Agent for any series of Securities, Securities other than 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 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 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 Agentherein provided; (2) give the Trustee notice of any default by the Company Partnership or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the SecuritiesSecurities 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 the Securities of that series of Securitiesseries. The Company Partnership may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Partnership Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Partnership, any 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 Partnership, such Guarantor or such Paying Agent; 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, Agent in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, state which escheat laws control and the Trustee or (if then held by the Company) any Paying Agent shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company state which escheat laws control for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Partnership as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment payment, may at the expense of the Company Partnership 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 of New Yorkan Authorized Newspaper, 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 repaid paid to the Companystate whose escheat laws control.
Appears in 2 contracts
Samples: Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or and any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and or 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or and any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal and any premium or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will (1) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; 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 that series of Securities. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.will:
Appears in 2 contracts
Samples: Indenture (Scripps E W Co /De), Indenture (Scripps E W Co /De)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall will at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium (and premium, if any) or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency, currencies or currency units in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) sufficient to pay the principal (and any premium and premium, if any) or interest so becoming due until such sums shall will be paid to such Persons or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall will have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day prior to or on each due date of the principal of or any premium (and premium, if any) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum (in immediately available funds the currency, currencies or currency units described in the preceding paragraph) sufficient to pay such amount, such sum to be held as provided by the Trust Indenture ActAct to the extent that the Trust Indenture Act applies to this Indenture or any Securities, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than the Trustee, Trustee or the Company 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 1003, that such Paying Agent will will:
(1) hold all sums held by it for the payment of the principal of (and premium, if any) or interest on Securities of that series in trust for the benefit of the Persons entitled thereto until such sums will be paid to such Persons or otherwise disposed of as herein provided and comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; Agent to the extent that the Trust Indenture Act applies hereto;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any, any Additional Amounts ) or interest on the SecuritiesSecurities of that series; and 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 that series of SecuritiesAgent. The Company may at any 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, 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 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 or any premium or (and premium, if any) and interest on any Security of any that series and remaining unclaimed for two years after such principalprincipal (and premium, premium if any) or interest has become due and payable shall will be paid to the Company on Company Request, or (if then held by the Company) shall will be discharged from such trust, ; and the Holder of such Security shall will thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Otis Worldwide Corp), Indenture (Highland Holdings S.a r.l.)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesSecurities and any related coupons, it will, on or before each due date of the principal of or any premium or and interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay all amounts payable to the Trustee under Section 6.6 and a sum in the Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section
3.1 for the Securities of such series and except, if applicable, as provided in Sections 3.12(b), 3.12(d) and 3.12(e)) sufficient to pay the principal and any premium and interest on Securities of such series 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium or and interest or any other amounts on any Securities of that seriesSecurities, deposit with a Paying Agent a sum (in immediately available funds the Currency described in the preceding paragraph) sufficient to pay such amountamount so becoming due, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will (1i) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; Agent and (2ii) give during the Trustee notice continuance of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment in respect of principal, premium, if any, any Additional Amounts or interest on the Securities; , 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 that series of Securitiesthe Securities and to account for any monies already paid. The Company may at any 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, 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 provided in the Securities of any series, and subject to any applicable abandoned Property laws, 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 or any premium or interest on any Security of any series series, or any coupon appertaining thereto, and remaining unclaimed for two years after such principal, premium or and 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 the Holder of such Security or coupon shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company cause to be published once, in a newspaper published an Authorized Newspaper in the English language, customarily published on each Business Day and Place of general circulation in the City of New YorkPayment, 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 repaid to the Company.
Appears in 2 contracts
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor Corporation shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium (and premium, if any, on) or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series and except, if applicable, as provided in Sections 312(b), 312(d) and 3l2(e)) sufficient to pay the principal (and any premium 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 and will promptly notify the Trustee of its action or failure so to act. Whenever the Company Corporation shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day prior to or on each due date of the principal of or any premium (and premium, if any, on) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum (in immediately available funds the Currency described in the preceding paragraph) sufficient to pay such amountthe principal (and premium, if any) or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal (and premium, if any) or interest, and (unless such Paying Agent is the Trustee) the Company Corporation will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company Corporation will cause each Paying Agent (other than the Trustee) for any series of Securities, other than the Trustee, 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 will 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, on) and interest on Securities of such 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; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) Corporation in the making of any payment of principal, principal of (or premium, if any, any Additional Amounts on) or interest on the SecuritiesSecurities of such series; and 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 that series of SecuritiesAgent. The Company Corporation may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Corporation Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Corporation 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 Corporation or such Paying Agent; 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 provided in the Securities of any series, any money deposited with the Trustee or any Paying Agent, or then held by the CompanyCorporation, in trust for the payment of the principal of or any premium (and premium, if any, on) or interest on any Security of any series series, and remaining unclaimed for two years after such principalprincipal (and premium, premium if any) or interest has become due and payable shall be paid to the Company Corporation on Company Corporation Request, or (if then held by the CompanyCorporation) shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company Corporation for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Corporation as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Mosaic Co), Indenture (Mosaic Co)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it willshall, on or before each due date of the principal of or any premium of, or interest on or Additional Amounts on, any of the Securities of that series, segregate and hold in trust for the benefit of the Persons Person entitled thereto a sum sufficient to pay the principal and any premium and or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided provided, and will shall promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before by 10:00 am (London a.m. New York City time) at least one Business Day , on or prior to each due date of the principal of or any premium of, or interest or any other amounts on Additional Amounts on, any Securities of that series, deposit with a any Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal or interest and Additional Amounts so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, interest or Additional Amounts, and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will shall cause each Paying Agent for any series of Securities, Securities other than 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 will shall:
(1) comply with hold all sums held by it for the provisions payment of the Trust Indenture Act applicable principal of or interest or any Additional Amounts on 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; herein provided;
(2) give the Trustee notice of any default Default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, principal or interest or any Additional Amounts or interest on the SecuritiesSecurities of that series; and and
(3) 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 for payment in respect of that series of SecuritiesAgent. The Company may at any 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, 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 Except as otherwise provided in the form of Securities of any particular series pursuant to the provisions of this Indenture, 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 or interest or any premium or interest Additional Amounts on any Security of any series and remaining unclaimed for two years after such principal, premium principal or interest has or Additional Amounts have become due and payable shall be paid to the Company on upon receipt of a Company RequestOrder to that effect, or (if then held by the Company) shall be discharged from such trust, ; and the Holder of such Security or any coupon appertaining thereto shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company cause to be published once, in a newspaper published an Authorized Newspaper in the English languageeach Place of Payment or to be mailed to Holders of Registered Securities, customarily published on each Business Day and of general circulation in the City of New Yorkor both, 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 publicationpublication or mailing nor shall it be later than two years after such principal or interest or Additional Amount has become due and payable, any unclaimed balance of such money then remaining will shall be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Natural Microsystems Corp), Indenture (Natural Microsystems Corp)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will (1) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; 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 that series of Securities. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.
Appears in 2 contracts
Samples: Subordinated Indenture (Ddi Corp), Subordinated Indenture (Ddi Corp)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to the Securities of any series of Securitiesseries, or any Tranche thereof, it willshall, on or before each due date of the principal of or any premium or interest and premium, if any, and interest, if any, on any of the Securities of that seriessuch Securities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium 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 and will provided. The Company shall promptly notify the Trustee of its action any failure by the Company (or failure so any other obligor on such Securities) to actmake any payment of principal of or premium, if any, or interest, if any, on such Securities. Whenever the Company shall have one or more Paying Agents for the Securities of any series of Securitiesseries, or any Tranche thereof, it willshall, on or before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any and premium, if any, and interest, if any, on such Securities, deposit with such Paying Agents sums sufficient (without duplication) to pay the principal and premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountso becoming due, such sum sums to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee of its action or any failure by it so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will shall cause each Paying Agent for the Securities of any series of Securitiesseries, 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 will shall:
(1a) 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 such Securities 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; herein provided;
(2b) give the Trustee notice of any default failure by the Company or any Guarantor (or any other obligor upon the such Securities) in the making of to make any payment of principal, principal of or premium, if any, any Additional Amounts or interest interest, if any, on the such Securities; and and
(3c) at any time during the continuance of any such defaultfailure, 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 and furnish to the Trustee such information as it possesses regarding the names and addresses of that series of Securitiesthe Persons entitled to such sums. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, 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 AgentAgent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article Seven; 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 any premium or interest interest, if any, on any Security of any series and remaining unclaimed for two years after such principalprincipal and premium, premium if any, or interest interest, if any, 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, and upon such payment or discharge, the Holder of such Security shall thereaftershall, as an unsecured general creditorcreditor and not as a Holder of an Outstanding Security, look only to the Company for payment thereofof 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 repayment payment to the Company, may at the expense of the Company cause to be published oncemailed, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New Yorkone 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 publicationmailing, any unclaimed balance of such money then remaining will be repaid paid to the Company.
Appears in 2 contracts
Samples: Indenture (Florida Power & Light CO Trust II), Indenture (FPL Group Trust II)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor any of its Subsidiaries shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 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 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 Agentherein provided; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the SecuritiesSecurities 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 the Securities of that series of Securitiesseries. The Company may at any 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, 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, Agent in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, state which escheat laws control and the Trustee or (if then held by the Company) any Paying Agent shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company state which escheat laws control for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment payment, may at the expense of the Company 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 of New Yorkan Authorized Newspaper, 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 repaid paid to the Companystate whose escheat laws control.
Appears in 2 contracts
Samples: Indenture (Investar Holding Corp), Indenture (Investar Holding Corp)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium (and premium, if any), including Redemption Price and Repayment Price, or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) sufficient to pay the principal (and any premium 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 and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day prior to or on each due date of the principal of or any premium (and premium, if any) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum (in immediately available funds the Currency described in the preceding paragraph) sufficient to pay such amountthe principal (and premium, if any) or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent (other than the Trustee) for any series of Securities, other than the Trustee, 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 will 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) and interest on Securities of such 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; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of such series) in the making of any payment of principal, principal of (or premium, if any, any Additional Amounts ) or interest on the SecuritiesSecurities of such series; and 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 that series of SecuritiesAgent. The Company may at any 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, 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 provided in the 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 or any premium (and premium, if any) or interest on any Security of any series and remaining unclaimed for two years after such principalprincipal (and premium, premium if any) or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company 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 of New Yorkan Authorized Newspaper, 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 repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Nova Chemicals Corp /New), Indenture (Nova Chemicals Corp /New)
Money for Securities Payments to Be Held in Trust. If the Company, the Guarantor or any Affiliate of the Company or a the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it willshall, on or before each due date of the principal of of, or any premium or interest on on, or any Additional Amounts with respect to, any of the Securities of that such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the Currency or Currencies in which the Securities of such series are payable sufficient to pay the principal principal, any premium, interest and any premium and interest Additional Amounts, as the case may be, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided provided, and will shall promptly notify the Trustee of its action or failure so to act. Whenever the Company there shall have be one or more Paying Agents for any series of Securities, it willshall, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of of, or any premium or interest on, or any other amounts on Additional Amounts with respect to, any Securities of that such series, deposit with a any Paying Agent a sum (in immediately available funds the Currency or Currencies described in the preceding paragraph) sufficient to pay such amountthe principal, premium, interest and Additional Amounts, as the case may be, so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled thereto, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will shall cause each Paying Agent for any series of Securities, Securities other than 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 will shall:
(1) comply with hold all sums held by it for the provisions payment of the Trust Indenture Act applicable principal of, or any premium or interest on, or any Additional Amounts with respect to, Securities of such 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; provided in or pursuant to this Indenture;
(2) give the Trustee written notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of such series) in the making of any payment of principalprincipal of, premiumor any premium or interest on, if any, or any Additional Amounts or interest on with respect to, the SecuritiesSecurities of such series; and 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 Agent. To the extent that the terms of any Securities established pursuant to Section 301 provide that any principal of, or premium or interest, if any, on, or any Additional Amounts with respect to, any such Securities is or may be payable in respect shares of that series Common Stock or other securities or property, then the provisions of Securitiesthis Section 1003 shall apply, mutatis mutandis, to such shares of Common Stock or other securities or property. The Company may at any 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, 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 herein or pursuant hereto, 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 of, or any premium or interest on on, or any Additional Amounts with respect to, any Security of any series and remaining unclaimed for two years after such principal, premium premium, interest or interest has Additional Amounts shall have 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Abb LTD), Indenture (Abb LTD)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesSecurities and any related coupons, it will, on or before each due date of the principal of or any premium (and premium, if any, on) or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series and except, if applicable, as provided in Sections 311(b), 311(d) and 311(e)) sufficient to pay the principal (and any premium 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 and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it will, before 10:00 am (London time) at least one Business Day prior to or on each due date of the principal of or any premium (and premium, if any, on) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum (in immediately available funds the Currency described in the preceding paragraph) sufficient to pay such amountthe principal (and premium, if any) or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent (other than the Trustee) for any series of Securities, other than the Trustee, 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 will 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, on) and interest on Securities of such 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; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of such series) in the making of any payment of principal, principal of (or premium, if any, any Additional Amounts on) or interest on the SecuritiesSecurities of such series; and 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 that series of SecuritiesAgent. The Company may at any 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, 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 provided in the 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 or any premium (and premium, if any, on) or interest on any Security of any series series, or any coupon appertaining thereto, and remaining unclaimed for two years after such principalprincipal (and premium, premium if any) or 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 the Holder of such Security or coupon shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the request and expense of the Company 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 of New Yorkan Authorized Newspaper, 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 repaid to the Company.
Appears in 2 contracts
Samples: Debt Securities Indenture (Pacific Telesis Financing Iii), Indenture (Pacific Telesis Financing Iii)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesAgent, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that seriesSecurities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in euro sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesAgents, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that seriesSecurities, deposit with a Paying Agent a sum in immediately available euro in same day funds sufficient to pay such amount, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Subject to actual receipt of such funds as (NY) 18002/046/INDENTURE/indenture.doc provided by this Section 1003 by the designated Paying Agent, such Paying Agent shall be obligated to make any payment with respect to payments on the Securities unless and until such funds have been so depositedin accordance with the provisions of this Indenture. The Company will cause each Paying Agent for any series of SecuritiesAgent, 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 (1i) comply with hold all sums held by it for the provisions payment of the Trust Indenture Act applicable principal of, premium, if any, or interest on the Securities 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; herein provided and (2ii) give during the Trustee notice continuance of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; interest, 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 that series of SecuritiesAgent. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company cause to be published once, in a newspaper published in through the English language, customarily published on each Business Day and of general circulation in Regulatory News System offered by the City of New YorkISE through its Companies Announcements Office, 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 repaid to the Company.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it willshall, on or before each due date of the principal of or of, any premium or interest (including any Additional Interest) on or Additional Amounts with respect to any of the Securities of that such 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 Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 for the Securities of such series) sufficient to pay the principal and or any premium and premium, interest (including any Additional Interest) or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided provided, and will shall promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it willshall, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or of, any premium or interest (including any Additional Interest) on or any other amounts on Additional Amounts with respect to any Securities of that such series, deposit with a any Paying Agent a sum (in immediately available funds the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay such amountthe principal and any premium, interest (including any Additional Interest) or Additional Amounts so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled thereto, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will shall cause each Paying Agent for any series of Securities, Securities other than 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 will shall:
(1a) comply with hold all sums held by it for the provisions payment of the Trust Indenture Act applicable principal of, any premium or interest (including any Additional Interest) on or any Additional Amounts with respect to it Securities of such series or Tranche in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as a Paying Agent; provided in or pursuant to this Indenture;
(2b) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of such series) in the making of any payment of principalprincipal of, premium, if any, any premium or interest (including any Additional Interest) on or any Additional Amounts or interest on with respect to the SecuritiesSecurities of such series; and and
(3c) at 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 that series of SecuritiesAgent. The Company may at any 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, 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 Anything in this Section to the Trustee or any Paying Agentcontrary notwithstanding, or then held by the Company, agreement to hold sums in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid as provided in this Section is subject to the Company on Company Requestprovisions of Section 12.3, or (if then held by the Company) shall be discharged from such trust, Section 12.4 and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the CompanySection 12.5.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Endurance Specialty Holdings LTD)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor Corporation shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and interest so becoming 58 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 action or failure so to act. Whenever the Company Corporation shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company Corporation will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company Corporation will cause each Paying Agent for any series of Securities, Securities other than 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 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 on Securities 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; herein provided, (2) give the Trustee notice of any default by the Company or any Guarantor Corporation (or any other obligor upon the Securities) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest on the Securities; and (3) at any time comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent and (4) during the continuance of any such defaultdefault by the Corporation (or any other obligor upon the Securities of that series) in the making of any payment in respect of the Securities of that series, 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 the Securities of that series of Securitiesseries. The Company Corporation may at any 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 hereunder by the Company Corporation 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 Corporation or such Paying Agent; 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 CompanyCorporation, in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company Corporation on Company Request, or (if then held by the CompanyCorporation) shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company Corporation for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Corporation as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company Corporation 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 Borough of Manhattan, City of New York, New York, 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 repaid to the CompanyCorporation.
Appears in 1 contract
Samples: Indenture (Mercury General Corp)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to Noon, New York City time, on each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit (or, if the Company has deposited any trust funds with a trustee pursuant to Section 13.04(a), causes such trustee to deposit) with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 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 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 Agentherein provided; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the SecuritiesSecurities 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 the Securities of that series of Securitiesseries. The Company may at any 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, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all an 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, or (if then held by the Company) shall be 39 discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company 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 Borough of Manhattan, The City of New York, 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 repaid to the Company.
Appears in 1 contract
Samples: Indenture (Flir Systems Inc)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of (and premium, if any) or any premium or interest interest, if any, on any of the Securities of that such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and any premium and interest premium, if any) or 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 the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of (and premium, if any) or any premium or interest or any other amounts on interest, if any, on, any Securities of that seriessuch series and the coupons, if any, appertaining thereto, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal (and premium, if any) or interest, if any, so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of 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 will
(1) comply with hold all sums held by it for the provisions payment of principal of (and premium, if any) or interest, if any, on Securities of such series and the coupons, if any, appertaining thereto in trust for the benefit of the Trust Indenture Act applicable Persons entitled thereto until such sums shall be paid to it such Persons or otherwise disposed of as a Paying Agent; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of such series) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the SecuritiesSecurities of such series and the coupons, if any, appertaining thereto; and 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 that series of SecuritiesAgent. The Company may at any 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, 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, Agent or then held by the Company, Company in trust for the payment of the principal of (and premium, if any) or any premium or interest interest, if any, on any Security of any series and the coupons, if any, appertaining thereto and remaining unclaimed for two 2 years after such principalprincipal (and premium, premium if any) or interest interest, if any, 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 the Holder of such Security or coupons shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company mail to each such Holder or cause to be published once, once in a newspaper published an Authorized Newspaper in the English language, customarily published on each Business Day and Place 102 112 of general circulation in the City Payment with respect to Securities of New Yorksuch series, 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 repaid to the Company.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to the Securities of any series of Securitiesseries, or any Tranche thereof, it willshall, on or before each due date of the principal of or any premium or interest and premium, if any, and interest, if any, on any of the Securities of that seriessuch Securities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium 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 and will provided. The Company shall promptly notify the Trustee of its action any failure by the Company (or failure so any other obligor on such Securities) to actmake any payment of principal of or premium, if any, or interest, if any, on such Securities. Whenever the Company shall have one or more Paying Agents for the Securities of any series of Securitiesseries, or any Tranche thereof, it willshall, on or before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any and premium, if any, and interest, if any, on such Securities, deposit with such Paying Agents sums sufficient (without duplication) to pay the principal and premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountso becoming due, such sum sums to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee of its action or any failure by it so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will shall cause each Paying Agent for the Securities of any series of Securitiesseries, 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 will shall:
(1a) 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 such Securities 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; herein provided;
(2b) give the Trustee notice of any default failure by the Company or any Guarantor (or any other obligor upon the such Securities) in the making of to make any payment of principal, principal of or premium, if any, any Additional Amounts or interest interest, if any, on the such Securities; and and
(3c) at any time during the continuance of any such defaultfailure, 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 and furnish to the Trustee such information as it possesses regarding the names and addresses of that series of Securitiesthe Persons entitled to such sums. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, 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 AgentAgent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article Seven; 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 any premium or interest interest, if any, on any Security of any series and remaining unclaimed for two years after such principalprincipal and premium, premium if any, or interest interest, if any, 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, and upon such payment or discharge, the Holder of such Security shall thereaftershall, as an unsecured general creditorcreditor and not as a Holder of an Outstanding Security, look only to the Company and the Guarantor for payment thereofof 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 repayment 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 (b) 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 Borough of Manhattan, The City of New York, New York, notice 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 publication, any unclaimed balance of such money then remaining will be repaid paid to the Company.]
Appears in 1 contract
Samples: Indenture (FPL Group Capital Inc)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium (and premium, if any) or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency in which such series of Securities is payable sufficient to pay the principal (and any premium 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 and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium (and premium, if any) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal (and premium, if any) or interest so becoming due, such sum sums to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will 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 on 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; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any, any Additional Amounts ) or interest on the SecuritiesSecurities of that series; and 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 that series of SecuritiesAgent. The Company may at any 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, 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 or any premium (and premium, if any) or interest on any Security of any series and remaining unclaimed for two years after such principalprincipal (and premium, premium if any) or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company 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 The City of New York, 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 repaid to the Company.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the either Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company Companies shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company Companies will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company Companies will cause each Paying Agent for any series of 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; (2) give the Trustee notice of any default by the either Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; 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 that series of Securities. The Company Both Companies may at any 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 such 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 such Company or such Paying Agent; 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 either Company, in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the either Company on Company Request, or (if then held by the such Company) shall be discharged from such trust, and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company Companies for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the either Company as trustee trustees 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 either Company 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 of New York, 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 repaid to the such Company.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company Operating Partnership or a Guarantor any of its Subsidiaries shall at any time act as its own Paying Agent with respect to any series of the Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that seriesSecurities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company Operating Partnership shall have one or more Paying Agents for any series of the Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that seriesSecurities, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company Operating Partnership will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company Operating Partnership will cause each the Paying Agent for any series of Securities, the Securities other than 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 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 Securities 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 Agentherein provided; (2) give the Trustee notice of any default by the Company Operating Partnership or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the Securities; 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 that series of the Securities. The Company Operating Partnership may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Operating Partnership Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Operating Partnership, any 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 Operating Partnership, such Guarantor or such Paying Agent; 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, Agent in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Requeststate whose escheat laws control, and the Trustee or (if then held by the Company) such Paying Agent shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereofstate whose escheat laws control, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Operating Partnership as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment payment, may at the expense of the Company Operating Partnership 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 of New Yorkan Authorized Newspaper, 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 repaid paid to the Companystate whose escheat laws control.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. (a) If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of the Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that seriesSecurities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. .
(b) Whenever the Company shall have one or more Paying Agents for any series of the Securities, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that seriesthe Securities, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. .
(c) The Company will cause each Paying Agent for any series of Securities, other than 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 SectionSection 3.03, that such Paying Agent will (1i) comply with the provisions of the Trust Indenture Act applicable to it as a Paying AgentAgent (ii) hold all sums held by it for the payment of the principal of (and premium, if any) or interest, if any, on the Securities in trust for the benefit of the Holders until such sums shall be paid to such Holders or otherwise disposed of as herein provided; (2iii) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the Securities; and (3iv) at any time during the continuance of any such defaultdefault by the Company (or any other obligor upon the Securities) in the making of any payment in respect of the Securities, and upon the written request of the that Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent for payment in respect of that series of the Securities. .
(d) The Company may at any 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 38 44 such Paying Agent; 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 money. .
(e) 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium premium, or interest has become due and payable shall will be paid to the Company on upon a Company RequestRequest (or, or (if then held by the Company) shall , will be discharged from such trust, ); and the Holder of such Security shall will thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company 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 Borough of Manhattan, The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 calendar days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Home Depot Inc)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesAgent, it will, on or before each due date of any of the principal of or any premium or interest on any of the Securities of that seriesSecurities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and or 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 in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of the Securities, it will, before 10:00 am (London time) at least one Business Day prior to each due date of any of the principal of or any premium or interest or any other amounts on any Securities of that seriesSecurities, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, the Securities other than 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 will will:
(1) comply with hold all sums held by it for the provisions payment of the Trust Indenture Act applicable principal of or interest on the Securities 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; herein provided;
(2) give the Trustee written notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts principal or interest on the Securities; and 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 that series of SecuritiesAgent. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium principal or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company cause to be published once, in a newspaper published the Wall Street Journal or New York Times and an Authorized Newspaper in the English languageBorough of Manhattan in New York, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.
Appears in 1 contract
Samples: Indenture (Worldcorp Inc)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium (and premium, if any) or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency in which such series of Securities is payable sufficient to pay the principal (and any premium and premium, if any) or interest so becoming due until such sums shall be paid to be such Persons or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium (and premium, if any) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal (and premium, if any) or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will 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 on 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; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any, any Additional Amounts ) or interest on the SecuritiesSecurities of that series; and 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 that series of SecuritiesAgent. The Company may at any 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, 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 or any premium (and premium, if any) or interest on any Security of any series and remaining unclaimed for two years after such principalprincipal (and premium, premium if any) or interest has become became 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, thereof shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company 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 The City of New York, 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 repaid to the Company.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. (a) If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of the Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that seriesSecurities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. .
(b) Whenever the Company shall have one or more Paying Agents for any series of the Securities, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that seriesthe Securities, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. .
(c) The Company will cause each Paying Agent for any series of Securities, other than 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 SectionSection 3.03, that such Paying Agent will (1i) comply with the provisions of the Trust Indenture Act applicable to it as a Paying AgentAgent (ii) hold all sums held by it for the payment of the principal of (and premium, if any) or interest, if any, on the Securities in trust for the benefit of the Holders until such sums shall be paid to such Holders or otherwise disposed of as herein provided; (2iii) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the Securities; and (3iv) at any time during the continuance of any such defaultdefault by the Company (or any other obligor upon the Securities) in the making of any payment in respect of the Securities, and upon the written request of the that Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent for payment in respect of that series of the Securities. .
(d) The Company may at any 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, 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 money. .
(e) 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium premium, or interest has become due and payable shall will be paid to the Company on upon a Company RequestRequest (or, or (if then held by the Company) shall , will be discharged from such trust, ); and the Holder of such Security shall will thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company 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 Borough of Manhattan, The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 calendar days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Home Depot Inc)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor Issuers shall at any time act as its their own Paying Agent Agents with respect to any series of Securities, it they will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company Issuers shall have one or more Paying Agents for any series of Securities, it they will, before 10:00 am (London time) at least one on or prior to 11:00 A.M. if the Place of Payment is New York and on the Business Day prior to 10:00 A.M. in the case of Securities issued under the New Safekeeping Structure if the Place of Payment is London, United Kingdom, on the Place of Payment, on each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit (or, if the Issuers have deposited any trust funds with a trustee pursuant to Section 13.04(a), cause such trustee to deposit) with a Paying Agent a sum in immediately available funds sufficient to pay such amountamount and any and all other amounts due and owing to the Trustee under the Indenture, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company Issuers will promptly notify the Trustee of its their action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company Issuers will cause each Paying Agent for any series of Securities, Securities other than 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 will (1i) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; Agent and (2ii) give during the Trustee notice continuance of any default by the Company or any Guarantor Issuers (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment in respect of principal, premium, if any, any Additional Amounts or interest on the Securities; and (3) at any time during the continuance Securities of any such defaultthat series, 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 the Securities of that series of Securitiesseries. The Company Issuers may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Issuers Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Issuers 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 Issuers or such Paying Agent; 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 CompanyIssuers, in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company Issuers on Company Issuers Request, or (if then held by the CompanyIssuers) shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may repayment, may, at the expense of the Company 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 The City of New York, 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 repaid to the CompanyIssuers. The Paying Agent will inform the Clearing Systems (through the common service provider (the “CSP”) appointed by the Clearing Systems to service the Global Securities) of the initial issue outstanding amount (“IOA”) for the Securities on or prior to the applicable closing date. If any event occurs that requires a xxxx-up or xxxx-down of the records that Euroclear or Clearstream holds for its customers to reflect such customers’ interest in any Global Security, the Paying Agent will promptly provide details of the amount of such xxxx-up or xxxx-down, together with a description of the event that requires it, to the Clearing Systems (through the CSP) to ensure that the records of the Clearing Systems reflecting the IOA of the Securities remain at all times accurate. The Paying Agent will at least once every month perform a reconciliation process with the Clearing Systems (through the CSP) with respect to the IOA for the Securities and will promptly inform the Clearing Systems (through the CSP) of any discrepancies. The Paying Agent will promptly assist the Clearing Systems (through the CSP) in resolving any discrepancy identified in the records reflecting the IOA of the Securities. The Paying Agent will promptly provide to the Clearing Systems (through the CSP) details of all amounts paid under the Securities. The Paying Agent will promptly provide to the Clearing Systems (through the CSP) notice of any changes to the Securities that will affect the amount of, or date for, any payment due under the Securities. The Paying Agent will promptly provide to the Clearing Systems (through the CSP) copies of all notices in its possession that are given by or on behalf of the Issuers to the Holders of the Securities. The Paying Agent will promptly pass on to the Issuers all communications it receives from the Clearing Systems directly or through the CSP relating to the Securities. Any such notice shall be deemed to have been conclusively given by being sent by facsimile to the Issuers in accordance with the provisions of the Section hereof. The Paying Agent will promptly notify the Clearing Systems (through the CSP) of any failure by the Issuers to make any payment or delivery due under the Securities when due.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it willshall, on or before each due date of the principal of or any premium of, or interest on or Additional Amounts on, any of the Securities of that series, segregate and hold in trust for the benefit of the Persons Person entitled thereto a sum sufficient to pay the principal and any premium and or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided provided, and will shall promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before by 10:00 am (London a.m. New York City time) at least one Business Day , on or prior to each due date of the principal of or any premium of, or interest or any other amounts on Additional Amounts on, any Securities of that series, deposit with a any Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal or interest and Additional Amounts so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, interest or Additional Amounts, and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will shall cause each Paying Agent for any series of Securities, Securities other than 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 will shall:
(1) comply with hold all sums held by it for the provisions payment of the Trust Indenture Act applicable principal of or interest or any Additional Amounts on 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; herein provided;
(2) give the Trustee notice of any default Default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, principal or interest or any Additional Amounts or interest on the SecuritiesSecurities of that series; and and
(3) 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 for payment in respect of that series of SecuritiesAgent. The Company may at any 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, 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 Except as otherwise provided in the form of Securities of any particular series pursuant to the provisions of this Indenture, 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 or interest or any premium or interest Additional Amounts on any Security of any series and remaining unclaimed for two years one year after such principal, premium principal or interest has or Additional Amounts have become due and payable shall be paid to the Company on upon receipt of a Company RequestOrder to that effect, or (if then held by the Company) shall be discharged from such trust, ; and the Holder of such Security or any coupon appertaining thereto shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company cause to be published once, in a newspaper published an Authorized Newspaper in the English languageeach Place of Payment or to be mailed to Holders of Registered Securities, customarily published on each Business Day and of general circulation in the City of New Yorkor both, 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 publicationpublication or mailing nor shall it be later than one year after such principal or interest or Additional Amount has become due and payable, any unclaimed balance of such money then remaining will shall be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Sierra Pacific Resources)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesSecurities and any coupons appertaining thereto, it will, on or before each due date of the principal of or and any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and or 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 action or failure to so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or and any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal and any premium or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure to so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities (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 will (1i) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; 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 that series of Securities. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each 11:00 a.m., New York time, on the due date of the principal of or any premium (and premium, if any) or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and any premium 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 and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, other than the Company, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of (or any premium premium, if any) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal (and premium, if any) or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will (will:
1) hold all sums held by it for the payment of the principal of (and premium, if any) or interest on 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 and otherwise comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; (;
2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (or premium, if any, any Additional Amounts ) or interest on the Securitiesinterest; and (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 that series of SecuritiesAgent. The Company may at any 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, 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 (or any premium premium, if any) or interest on any Security of any series Series and remaining unclaimed for two years after such principalprincipal (and premium, premium if any) or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company 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 The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Company.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesSecurities and any related coupons, it will, on or before each due date of the principal of or any premium or and interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) sufficient to pay the principal and any premium and interest on Securities of such series 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 in writing of its action or failure so to act. Whenever the Company there shall have be one or more Paying Agents other than the Company for any series of SecuritiesSecurities and any related coupons, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium or and interest or any other amounts on any Securities of that seriesSecurities, deposit with a Paying Agent a sum (in immediately available funds the Currency described in the preceding paragraph) sufficient to pay such amountamount so becoming due, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will (1i) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; Agent and (2ii) give during the Trustee notice continuance of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment in respect of principal, premium, if any, any Additional Amounts or interest on the Securities; , 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 that series of the Securities. The Company may at any 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, 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 provided in the Securities of any series, and subject to any applicable abandoned property laws, 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 or any premium or interest on any Security of any series series, or any coupon appertaining thereto, and remaining unclaimed for two years after such principal, premium or and 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 the Holder of such Security or coupon shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may repayment, shall at the expense of the Company cause to be published once, in a newspaper published an Authorized Newspaper in the English language, customarily published on each Business Day and Place of general circulation in the City of New YorkPayment, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days 69 from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (pdvWireless, Inc.)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each 10:00 a.m., New York time, on the due date of the principal of or any premium (and premium, if any) or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and any premium 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 and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of (or any premium premium, if any) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal (and premium, if any) or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will will:
(1) hold all sums held by it for the payment of the principal of (and premium, if any) or interest on 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 and otherwise comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; ;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (or premium, if any, any Additional Amounts ) or interest on the Securitiesinterest; and 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 that series of SecuritiesAgent. The Company may at any 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, 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 (or any premium premium, if any) or interest on any Security of any series Series and remaining unclaimed for two years after such principalprincipal (and premium, premium if any) or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company 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 The City of New York, 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 repaid to the Company.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit (or, if the Company has deposited any trust funds with a trustee pursuant to Section 1304(1), cause such trustee to deposit) with a Paying Agent a sum in immediately available funds sufficient to pay the principal or interest so becoming due on such amount, such sum to be held in trust for the benefit of the Persons entitled to such principal or interest as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will (1) comply with hold all sums held by it for the provisions payment of the Trust Indenture Act applicable principal of or interest on securities 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; herein provided, (2) give the Trustee notice of any default by the Company or and (3) during the continuance of any Guarantor default by the Company (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment in respect of principal, premium, if any, any Additional Amounts or interest on the Securities; and (3) at any time during the continuance Securities of any such defaultthat series, 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 the Securities of that series of Securitiesseries. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may repayment, may, at the expense of the Company Company, 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 The City of New York, 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 repaid to the Company.
Appears in 1 contract
Samples: Indenture (Corning Finance B V)
Money for Securities Payments to Be Held in Trust. If the Company, the Guarantor or any Affiliate of the Company or a the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it willshall, on or before each due date of the principal of of, or any premium or interest on on, or any Additional Amounts with respect to, any of the Securities of that such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the Currency or Currencies in which the Securities of such series are payable sufficient to pay the principal principal, any premium, interest and any premium and interest Additional Amounts, as the case may be, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided provided, and will shall promptly notify the Trustee of its action or failure so to act. Whenever the Company there shall have be one or more Paying Agents for any series of Securities, it willshall, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of of, or any premium or interest on, or any other amounts on Additional Amounts with respect to, any Securities of that such series, deposit with a any Paying Agent a sum (in immediately available funds the Currency or Currencies described in the preceding paragraph) sufficient to pay such amountthe principal, premium, interest and Additional Amounts, as the case may be, so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled thereto, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will shall cause each Paying Agent for any series of Securities, Securities other than 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 will shall:
(1) comply with hold all sums held by it for the provisions payment of the Trust Indenture Act applicable principal of, or any premium or interest on, or any Additional Amounts with respect to, Securities of such 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; provided in or pursuant to this Indenture;
(2) give the Trustee written notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of such series) in the making of any payment of principalprincipal of, premiumor any premium or interest on, if any, or any Additional Amounts or interest on with respect to, the SecuritiesSecurities of such series; and 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 Agent. To the extent that the terms of any Securities established pursuant to Section 301 provide that any principal of, or premium or interest, if any, on, or any Additional Amounts with respect to, any such Securities is or may be payable in respect shares of that series Common Stock or other securities or property, then the provisions of Securitiesthis Section 1003 shall apply, mutatis mutandis, to such shares of Common Stock or other securities or property. The Company may at any 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, 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 herein or pursuant hereto, 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 of, or any premium or interest on on, or any Additional Amounts with respect to, any Security of any series or any Coupon appertaining thereto and remaining unclaimed for two years after such principal, premium premium, interest or interest has Additional Amounts shall have 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 the Holder of such Security or any Coupon appertaining thereto shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.
Appears in 1 contract
Samples: Indenture (ABB Finance (USA) Inc.)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 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 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 Agentherein provided; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making Securities of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; 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 that series of Securities. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company Partnership or a Guarantor any of its Subsidiaries shall at any time act as its own Paying Agent with respect to any series either Series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that seriesSeries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company Partnership shall have one or more Paying Agents for any series either Series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that seriesSeries, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company Partnership will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company Partnership will cause each Paying Agent for any series either Series of Securities, Securities other than 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 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 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 Agentherein provided; (2) give the Trustee notice of any default by the Company Partnership or any Guarantor (or any other obligor upon the SecuritiesSecurities of that Series) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the SecuritiesSecurities 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 the Securities of that series of SecuritiesSeries. The Company Partnership may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Partnership Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Partnership, any 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 Partnership, such Guarantor or such Paying Agent; 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, Agent in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Requeststate whose escheat laws control, and the Trustee or (if then held by the Company) such Paying Agent shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereofstate whose escheat laws control, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Partnership as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment payment, may at the expense of the Company Partnership 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 of New Yorkan Authorized Newspaper, 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 repaid paid to the Companystate whose escheat laws control.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to the Securities of any series of Securitiesseries, or any Tranche thereof, it willshall, on or before each due date of the principal of or any premium or interest and premium, if any, and interest, if any, on any of the Securities of that seriessuch Securities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium 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 and will provided. The Company shall promptly notify the Trustee of its action any failure by the Company (or failure so any other obligor on such Securities) to actmake any payment of principal of or premium, if any, or interest, if any, on such Securities. Whenever the Company shall have one or more Paying Agents for the Securities of any series of Securitiesseries, or any Tranche thereof, it willshall, on or before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any and premium, if any, and interest, if any, on such Securities, deposit with such Paying Agents sums sufficient (without duplication) to pay the principal and premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountso becoming due, such sum sums to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee of its action or any failure by it so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will shall cause each Paying Agent for the Securities of any series of Securitiesseries, 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 will shall:
(1a) 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 such Securities 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; herein provided;
(2b) give the Trustee notice of any default failure by the Company or any Guarantor (or any other obligor upon the such Securities) in the making of to make any payment of principal, principal of or premium, if any, any Additional Amounts or interest interest, if any, on the such Securities; and and
(3c) at any time during the continuance of any such defaultfailure, 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 and furnish to the Trustee such information as it possesses regarding the names and addresses of that series of Securitiesthe Persons entitled to such sums. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, 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 AgentAgent and, if so stated in a Company Order delivered to the Trustee, in accordance with the provisions of Article Seven; 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 any premium or interest interest, if any, on any Security of any series and remaining unclaimed for two years after such principalprincipal and premium, premium if any, or interest interest, if any, 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, and upon such payment or discharge, the Holder of such Security shall thereaftershall, as an unsecured general creditorcreditor and not as a Holder of an Outstanding Security, look only to the Company and the Guarantor for payment thereofof 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 repayment payment to the Company, may at the expense of the Company cause to be published oncemailed, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New Yorkone 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 publicationmailing, any unclaimed balance of such money then remaining will be repaid paid to the Company.
Appears in 1 contract
Samples: Indenture (FPL Group Inc)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of (and premium, if any) or any premium or interest interest, if any, on any of the Securities of that series, set aside, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and any premium 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 and will promptly notify the Trustee of its action or failure so to actact or of any failure by the Company (or by any other obligor on the Securities of that series) to make any payment of the principal of (and premium, if any) or interest, if any, on the Securities of such series when the same shall be due and payable. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day or prior to the opening of business on each due date of the principal of or any premium (and premium, if any) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal (and premium, if any) or interest, if any, so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal (and premium, if any) or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No If the Company shall appoint a Paying Agent shall be obligated to make any payment with respect to other than the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent Trustee for any series of Securities, other than the Trustee, it 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 Section, that such Paying Agent will 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 the 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; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the SecuritiesSecurities of that series; and 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 that series of SecuritiesAgent. The Company may at any time, for the purpose of obtaining the satisfaction and discharge with respect to one or more or all series of this Indenture Securities hereunder or for any other purposereason, pay, pay or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust for any such series 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, 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, Company in trust for the payment of the principal of or any premium (and premium, if any) or interest on any Security of any series and remaining unclaimed for two years after such principalprincipal (and premium, premium if any) or interest has become due and payable shall be paid to the Company on Company RequestRequest subject to applicable abandoned property and escheat law, or (if then held by the Company) shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being -------- ------- required to make any such repayment repayment, may at the expense of the Company cause to be published once, once a week for two consecutive weeks (in a newspaper published each case on any day of the week) in the English language, customarily published on each Business Day and of general circulation in the City of New York, an Authorized Newspaper 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 repaid to the Company.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 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 on Securities 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; herein provided, (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; 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 that series of Securities. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or and any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and or 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 action or failure to so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or and any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal and any premium or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure to so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities (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 will (1i) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; Agent and (2ii) give during the Trustee notice continuance of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; 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 that series of Securities. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to the Securities of any series of Securitiesseries, or any Tranche thereof, it willshall, on or before each due date of the principal of or any premium premium, interest or interest Additional Amounts, if any, on any of the Securities of that seriessuch Securities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and principal, premium, interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided and will provided. The Company shall promptly notify the Trustee of its action any failure by the Company (or failure so any other obligor on such Securities) to actmake any payment of principal of or premium, interest or Additional Amounts, if any, on such Securities. Whenever the Company shall have one or more Paying Agents for the Securities of any series of Securitiesseries, or any Tranche thereof, it willshall, on or before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium or premium, interest or any other amounts Additional Amounts, if any, on any Securities of that seriessuch Securities, deposit with a such Paying Agent a sum in immediately available funds Agents sums sufficient (without duplication) to pay such amountthe principal, premium, interest or Additional Amounts so becoming due, such sum sums to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium, interest or Additional Amounts, and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee of its action or any failure by it so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will shall cause each Paying Agent for the Securities of any series of Securitiesseries, 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 will (1) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; 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 that series of Securities. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.shall:
Appears in 1 contract
Samples: Indenture (Nice Systems LTD)
Money for Securities Payments to Be Held in Trust. (a) If the Company or a Guarantor shall at any time act acts as its own Paying Agent with respect to any series of Securities, or any Tranche thereof, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that seriessuch Securities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and any premium and premium, if any) or interest so becoming due until such sums shall be are paid to such Persons or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. .
(b) Whenever the Company shall have has one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to (and if on, then before 11:00 a.m. (New York City time)) each due date of the principal of or and any premium or interest or any other amounts on any Securities of that seriessuch Securities, deposit with a Paying Agent a sum sufficient (in immediately available funds sufficient funds, if payment is made on the due date) to pay such amountthe principal and any premium and interest so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest as provided by in the Trust Indenture Act, Act and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. .
(c) The Company will cause each Paying Agent for any series of Securities, or any Tranche thereof, 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 will:
(1i) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; Agent and
(2ii) give during the Trustee notice continuance of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment in respect of principal, premium, if any, any Additional Amounts or interest on the Securities; and (3) at any time during the continuance Securities of any such defaultthat series, 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 the Securities of that series of Securities. series
(d) The Company may at any 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, 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 received by the Trustee in respect of Eligible Obligations deposited with the Trustee pursuant to Section 401 or 404, or then held by the Company, in trust for the payment of the principal of or and any premium or interest on any Security of any series and remaining unclaimed for two years (or such shorter period for the return of such funds to the Company under applicable abandoned property laws) after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium (and premium, if any) or interest on or any Additional Amounts with respect to any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and any premium 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 and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it the Company will, on or before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium (and premium, if any) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal (and premium, if any) or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will will:
(1a) comply with Hold all sums held by it for the provisions payment of the Trust Indenture Act applicable principal of (and premium, if any), interest on or any Additional Amounts with respect to it 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 a Paying Agent; herein provided;
(2b) give Give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any), interest on or any Additional Amounts or interest on with respect to the SecuritiesSecurities of that series; and and
(3c) at 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 that series of SecuritiesAgent. The Company may at any 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, 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. 79 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 or any premium (and premium, if any) or interest on any Security of any series and remaining unclaimed for two three years after such principalprincipal (and premium, premium if any) or interest has become due and payable shall shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be paid to the Company on Company Request, or (if then held by the Company) shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company cause to be published once, in a newspaper published an Authorized Newspaper in the English languageThe Borough of Manhattan, customarily published on each Business Day and of general circulation in the The City of New York, notice that such money remains unclaimed and that, after a date specified thereinherein, which shall not be less than 30 days from the date of such publication, 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 repaid to the Company.
Appears in 1 contract
Samples: Indenture (L&c Spinco Inc)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor Issuer shall at any time act as its own Paying Agent with respect to for any series of Securities, it will, on or before each due date of the principal of or any premium (and premium, if any) or interest on any of the Securities of that such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.01 for the Securities of such series and except, if applicable, as provided in Section 3.11(b) sufficient to pay the principal (and any premium 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 and will promptly notify the Trustee of its action or failure so to act. Whenever the Company Issuer shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am prior to 5:00 p.m. (London Place of Payment time) at least one on the Business Day prior to preceding each due date of the principal of or any premium (and premium, if any, on) or interest or any other amounts on any Securities of that series, deposit with a the Paying Agent in the Place of Payment a sum (in immediately available funds the Currency described in the preceding paragraph) sufficient to pay such amountthe principal (and premium, if any, on) or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company Issuer will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company Issuer will cause each Paying Agent (other than the Trustee) for any series of Securities, other than the Trustee, 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 will 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) and interest on Securities of such 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; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor Issuer (or any other obligor upon the SecuritiesSecurities of such series) in the making of any payment of principal, principal of (or premium, if any, any Additional Amounts ) or interest on the SecuritiesSecurities of such series; and 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 that series of SecuritiesAgent. The Company 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 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, 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 provided in the Securities of any series, 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 or any premium (and premium, if any) or interest on any Security of any series and remaining unclaimed for two years after such principalprincipal (and premium, premium if any) or interest has become due and payable shall be paid to the Company Issuer on Company RequestIssuer Request subject to applicable abandoned property or escheat law, or (if then held by the CompanyIssuer) shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company Issuer 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 of New Yorkan Authorized Newspaper, 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 repaid to the CompanyIssuer.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesSecurities and any related coupons, it willshall, on or before each due date of the principal of or any premium of, or interest on or Additional Amounts on, any of the Securities of that series, segregate and hold in trust for the benefit of the Persons Person entitled thereto a sum sufficient to pay the principal and any premium and or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided and will shall promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it willshall, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or any premium of, or interest or any other amounts on Additional Amounts on, any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal or interest and Additional Amounts so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, interest or Additional Amounts, and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will shall cause each Paying Agent Agent, other than the Trustee, for any series of 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 shall:
(1a) comply with hold all sums held by it for the provisions payment of the Trust Indenture Act applicable principal of or interest or any Additional Amounts on 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; herein provided;
(2b) give the Trustee notice of any default Default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, principal or interest or any Additional Amounts or interest on the SecuritiesSecurities of that series; and and
(3c) 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 for payment in respect of that series of SecuritiesAgent. The Company may at any 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, 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 form of Securities of any particular series pursuant to the provisions of this Indenture, 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 or interest or any premium or interest Additional Amounts on any Security of any series and remaining unclaimed for two years after such principal, premium principal or interest has or Additional Amounts have become due and payable shall be paid to the Company on upon receipt of a Company Request, Order to that effect or (if then held by the Company) shall be discharged from such trust, ; and the Holder of such Security or any coupon appertaining thereto shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent Agent, with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company cause to be published once, in a newspaper published an Authorized Newspaper in the English languageeach Place of Payment, customarily published on each Business Day and or to be mailed to Holders of general circulation in the City of New YorkRegistered Securities, or both, 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 publicationpublication or mailing, any unclaimed balance of such money then remaining will shall be repaid to the Company.
Appears in 1 contract
Samples: Exhibit (Interface Inc)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium (and premium, if any) or interest on or any Additional Amounts with respect to any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and any premium 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 and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it the Company will, on or before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium (and premium, if any) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal (and premium, if any) or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will 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), interest on or any Additional Amounts with respect to it 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 a Paying Agent; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any), interest on or any Additional Amounts or interest on with respect to the SecuritiesSecurities of that series; and 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 that series of SecuritiesAgent. The Company may at any 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, 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 or any premium (and premium, if any) or interest on any Security of any series and remaining unclaimed for two three years after such principalprincipal (and premium, premium if any) or interest has become due and payable shall shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be paid to the Company on Company Request, or (if then held by the Company) shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company cause to be published once, in a newspaper published an Authorized Newspaper in the English languageThe Borough of Manhattan, customarily published on each Business Day and of general circulation in the The City of New YorkYork and in such other Authorized Newspapers as the Trustee shall deem appropriate, notice that such money remains unclaimed and that, after a date specified thereinherein, which shall not be less than 30 days from the date of such publicationon, 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 repaid to the Company.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company Partnership or a Guarantor any of its Subsidiaries shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company Partnership shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company Partnership will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company Partnership will cause each Paying Agent for any series of Securities, Securities other than 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 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 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 Agentherein provided; (2) give the Trustee notice of any default by the Company Partnership or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the SecuritiesSecurities 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 the Securities of that series of Securitiesseries. The Company Partnership may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Partnership Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Partnership, any 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 Partnership, such Guarantor or such Paying Agent; 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, Agent in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, state which escheat laws control and the Trustee or (if then held by the Company) any Paying Agent shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company state which escheat laws control for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Partnership as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesAgent, it will, on or before each due date of the principal of or any premium or interest on (and Liquidated Damages, if any) any of the Securities of that seriesSecurities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal or interest (and any premium and interest Liquidated Damages, if any) 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesAgents, it will, before 10:00 am (London time) at least one Business Day on or prior to (and if on, then before 11:00 a.m. (New York City time)) each due date of the principal of or interest on (and Liquidated Damages, if any) any premium or interest or any other amounts on any Securities of that seriesSecurities, deposit with a Paying Agent a sum sufficient (in immediately available funds sufficient funds, if payment is made on the due date) to pay such amountthe principal or interest (and Liquidated Damages, if any) so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal or interest (and Liquidated Damages, if any), and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, other than 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 will will:
(1) comply with hold all sums held by it for the provisions payment of the Trust Indenture Act applicable principal of or interest on (and Liquidated Damages, if any) Securities 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; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts principal or interest on the Securities; and 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 that series of SecuritiesAgent. The Company may at any 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, 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 received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Section 401, 403 or 1007, or then held by the Company, in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years (less a day) after such principal, premium principal or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company 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 Borough of Manhattan, The City of New York, 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 repaid to the Company.
Appears in 1 contract
Samples: Indenture (Potlatch Corp)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesSecurities and any related coupons, it will, on or before each due date of the principal of (or any premium premium, if any) or interest interest, if any, on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the Currency in which the Securities of such series are payable (except as may otherwise be specified pursuant to Section 301 for the Securities of such series and except, if applicable, as provided in Section 312(2), Section 312(4) and Section 312(5) sufficient to pay the principal and any premium and interest of (or premium, if any) or interest, if any, on Securities of such series 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it will, before 10:00 am (London time) at least one Business Day prior to or on each due date of the principal of (or any premium premium, if any) or interest or any other amounts interest, if any, on any Securities of that series, deposit with a Paying Agent a sum (in immediately available funds the Currency described in the preceding paragraph) sufficient to pay such amountthe principal (or premium, if any) or interest, if any, so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No The Company will cause the bank through which payment of funds to the Paying Agent shall will be obligated made to deliver to the Paying Agent by 10:00 a.m. (New York Time) two Business Days prior to the due date of such payment an irrevocable confirmation (by tested telex or authenticated Swift MT 100 Message) of its intention to make any payment with respect to the Securities unless and until such funds have been so depositedpayment. The Company will cause each Paying Agent (other than the Trustee) for any series of Securities, other than the Trustee, 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 will (1) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; 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 that series of Securities. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.will:
Appears in 1 contract
Samples: Indenture (Largo Resources Ltd.)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of (and premium or any premium Make-Whole Amount, if any) or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency in which such series of Securities is payable sufficient to pay the principal (and any premium and or Make-Whole Amount, if any) or 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium (and premium, if any) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal (and premium, if any) or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will (1) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; 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 that series of Securities. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.will:
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company U.S. Issuer, the U.K. Issuer or a Guarantor the Guarantor, as applicable, shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company relevant Issuer shall have one or more Paying Agents for any series of Securities, it will, before 10:00 11:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company relevant Issuer will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company relevant Issuer will cause each Paying Agent for any series of 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; (2) give the Trustee notice of any default Default by the Company relevant Issuer or any the Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; and (3) 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 for payment in respect of that series of Securities. The Company relevant 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 Company Issuer Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company relevant 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 relevant Issuer or such Paying Agent; 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 Companyrelevant Issuer, in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company relevant Issuer on Company Issuer Request, or (if then held by the Companyrelevant Issuer) shall be discharged from such trust, and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company relevant Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company relevant Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company relevant Issuer 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 of New York, 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 repaid to the Companyrelevant Issuer.
Appears in 1 contract
Samples: Indenture (Haleon PLC)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of (and premium, if any) or any premium or interest interest, if any, on any of the Securities of that series, set aside, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and any premium 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 and will promptly notify the Trustee of its action or failure so to actact or of any failure by the Company (or by any other obligor on the Securities of that series) to make any payment of the principal of (and premium, if any) or interest, if any, on the Securities of such series when the same shall be due and payable. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day or prior to the opening of business on each due date of the principal of or any premium (and premium, if any) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal (and premium, if any) or interest, if any, so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal (and premium, if any) or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No If the Company shall appoint a Paying Agent shall be obligated to make any payment with respect to other than the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent Trustee for any series of Securities, other than the Trustee, it 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 Section, that such Paying Agent will (1) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; 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 that series of Securities. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.will:
Appears in 1 contract
Samples: Senior Subordinated Indenture (Century Communications Corp)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium (and premium, if any) or interest on or any Additional Amounts with respect to any of the Securities 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, if any) or interest or any premium and interest Additional Amounts 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it the Company will, on or before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium (and premium, if any) or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amountthe principal (and premium, if any) or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, Securities other than 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 will (1) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent; (2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts or interest on the Securities; 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 that series of Securities. The Company may at any 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, 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 or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the Company.will:
Appears in 1 contract
Samples: Indenture (Key Energy Services Inc)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesAgent, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that seriesSecurities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and or 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 action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesAgents, it will, before 10:00 am (London time) at least one Business Day on or prior to (and if on, then before 11:00 a.m. (New York City time)) each due date of the principal of or any premium or interest or any other amounts on any Securities of that seriesSecurities, deposit with a Paying Agent a sum sufficient (in immediately available funds sufficient funds, if payment is made on the due date) to pay such amountthe principal or interest so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, other than 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 will will:
(1) comply with hold all sums held by it for the provisions payment of the Trust Indenture Act applicable principal of or interest on Securities 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; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, premium, if any, any Additional Amounts principal or interest on the Securities; and and
(3) at any time during the continuance of any such default, upon the written request of the Trustee, 59 forthwith pay to the Trustee all sums so held in trust by such Paying Agent for payment in respect of that series of SecuritiesAgent. The Company may at any 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, 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 received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Section 401, 403 or 1007, or then held by the Company, in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years (less a day) after such principal, premium principal or 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 the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company 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 Borough of Manhattan, The City of New York, 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 repaid to the Company.
Appears in 1 contract
Samples: Indenture (Potlatch Corp)
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it will, on or before each due date of the principal of or any premium (and premium, if any), or interest on or Additional Amounts in respect of, any of the Securities 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 Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and any premium and premium, if any) or interest or Additional Amounts 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 the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it will, on or before 10:00 am (London time) at least one Business Day prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, (and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will cause each Paying Agent for any series of Securities, other than 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 will will
(1) comply with hold all sums held by it for the provisions payment of principal of (and premium, if any) or interest on Securities in trust for the benefit of the Trust Indenture Act applicable Persons entitled thereto until such sums shall be paid to it such Persons or otherwise disposed of as a Paying Agent; herein provided;
(2) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the Securities) in the making of any such payment of principal, principal (and premium, if any, any Additional Amounts ) or interest on the Securitiesinterest; and and
(3) 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 for payment in respect of that series of SecuritiesAgent. The Company may at any 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, 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 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 any premium or interest on Additional Amounts in respect of, any Security of any series and remaining unclaimed for two years after such principalprincipal (and premium, premium if any), interest or interest Additional Amounts has become due and payable shall be paid to the Company on upon Company Request, Request or (if then held by the Company) shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereofof such principal of (and premium, 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; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company 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 of New Yorkan Authorized Newspaper, 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 repaid to the Company.days
Appears in 1 contract
Samples: Indenture (New Plan Realty Trust)
Money for Securities Payments to Be Held in Trust. If the Company Operating Partnership or a Guarantor any of its Subsidiaries shall at any time act as its own Paying Agent with respect to any series of the Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that seriesSecurities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company Operating Partnership shall have one or more Paying Agents for any series of the Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that seriesSecurities, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company Operating Partnership will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company Operating Partnership will cause each the Paying Agent for any series of Securities, the Securities other than 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 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 Securities 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 Agentherein provided; (2) give the Trustee notice of any default by the Company Operating Partnership or any Guarantor (or any other obligor upon the Securities) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the Securities; 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 that series of the Securities. The Company Operating Partnership may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Operating Partnership Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Operating Partnership, any 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 Operating Partnership, such Guarantor or such Paying Agent; 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, Agent in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Requeststate whose escheat laws control, and the Trustee or (if then held by the Company) such Paying Agent shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereofstate whose escheat laws control, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Operating Partnership as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may payment, shall, if directed in writing by, and at the expense of of, the Company Operating Partnership 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 of New Yorkan Authorized Newspaper, 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 repaid paid to the Companystate whose escheat laws control.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company Partnership or a Guarantor any of its Subsidiaries shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date of the principal of or any premium or interest on any of the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium and 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 action or failure so to act. Whenever the Company Partnership shall have one or more Paying Agents for any series of Securities, it will, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or any premium or interest or any other amounts on any Securities of that series, deposit with a Paying Agent a sum in immediately available funds sufficient to pay such amount, such sum to be held as provided by the Trust Indenture Act, and (unless such Paying Agent is the Trustee) the Company Partnership will promptly notify the Trustee of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company Partnership will cause each Paying Agent for any series of Securities, Securities other than 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 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 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 Agentherein provided; (2) give the Trustee notice of any default by the Company Partnership or any Guarantor (or any other obligor upon the SecuritiesSecurities of that series) in the making of any payment of principal, principal (and premium, if any) or interest, any Additional Amounts or interest if any, on the SecuritiesSecurities 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 the Securities of that series of Securitiesseries. The Company Partnership may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Partnership Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Partnership, any 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 Partnership, such Guarantor or such Paying Agent; 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 CompanyPartnership, in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company Partnership on Company Partnership Request, or (if then held by the CompanyPartnership) shall be discharged from such trust, ; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company Partnership or the Guarantors for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Partnership as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company Partnership cause to be published once, in a newspaper published an Authorized Newspaper in the English language, customarily published on each Business Day and Place of general circulation in the City of New YorkPayment with respect to such series, 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 repaid to the CompanyPartnership.
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it willshall, on or before each due date of the principal of or of, any premium or interest (including any Additional Interest) on or Additional Amounts with respect to any of the Securities of that such 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 Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 for the Securities of such series) sufficient to pay the principal and or any premium and premium, interest (including any Additional Interest) or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided provided, and will shall promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it willshall, before 10:00 am (London time) at least one Business Day on or prior to each due date of the principal of or of, any premium or interest (including any Additional Interest) on or any other amounts on Additional Amounts with respect to any Securities of that such series, deposit with a any Paying Agent a sum (in immediately available funds the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay such amountthe principal and any premium, interest (including any Additional Interest) or Additional Amounts so becoming due, such sum to be held as provided by in trust for the Trust Indenture Actbenefit of the Persons entitled thereto, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. No Paying Agent shall be obligated to make any payment with respect to the Securities unless and until such funds have been so deposited. The Company will shall cause each Paying Agent for any series of Securities, Securities other than 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 will shall:
(1a) comply with hold all sums held by it for the provisions payment of the Trust Indenture Act applicable principal of, any premium or interest (including any Additional Interest) on or any Additional Amounts with respect to it Securities of such series or Tranche in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as a Paying Agent; provided in or pursuant to this Indenture;
(2b) give the Trustee notice of any default by the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities of such series) in the making of any payment of principalprincipal of, premium, if any, any premium or interest (including any Additional Interest) on or any Additional Amounts or interest on with respect to the SecuritiesSecurities of such series; and and
(3c) 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 that series of SecuritiesAgent. The Company may at any 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, 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 Anything in this Section to the Trustee or any Paying Agentcontrary notwithstanding, or then held by the Company, agreement to hold sums in trust for the payment of the principal of or any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid as provided in this Section is subject to the Company on Company Requestprovisions of Section 12.3, or (if then held by the Company) shall be discharged from such trust, Section 12.4 and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the City of New York, 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 repaid to the CompanySection 12.5.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Quanta Capital Holdings LTD)