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

Money for Senior Note Payments to be Held in Trust. (a) If the Company shall at any time act as its own Paying Agent with respect to the Senior Notes, it will, on or before each due date of the principal of and any premium or interest (including any Additional Interest) on the Senior Notes, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee in writing of its failure so to act. (b) Whenever the Company shall have one or more Paying Agents, it will, prior to 10:00 A.M., New York City time, on each due date of the principal of and any premium or interest (including any Additional Interest) on any Senior Notes, deposit with a Paying Agent a sum sufficient to pay such amount, such sum to be held as provided in the Trust Indenture Act and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its failure so to act. (c) The Company will cause each Paying Agent for the Senior Notes 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 10.2, that such Paying Agent will (i) comply with the provisions of this Indenture and the Trust Indenture Act applicable to it as a Paying Agent and (ii) during the continuance of any default by the Company (or any other obligor upon the Senior Notes) in the making of any payment in respect of the Senior Notes, 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 Senior Notes. (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 then held by the Company in trust for the payment of the principal of and any premium or interest (including any Additional Interest) on any Senior Note and remaining unclaimed for two (2) years after such principal and any premium or interest has become due and payable shall (unless otherwise required by mandatory provision of applicable escheat or abandoned or unclaimed property law) be paid on Company Request to the Company, or (if then held by the Company) shall (unless otherwise required by mandatory provision of applicable escheat or abandoned or unclaimed property law) be discharged from such trust; and the Holder of such Senior Note 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, 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 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 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 6 contracts

Samples: Indenture (Comstock Homebuilding Companies, Inc.), Indenture (Anthracite Capital Inc), Indenture (Comstock Homebuilding Companies, Inc.)

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Money for Senior Note Payments to be Held in Trust. (a) If the Company Issuer shall at any time act as its own Paying Agent with respect to the Senior NotesAgent, it will, on or before each due date of the principal of and any premium of, premium, if any, or interest (including on any Additional Interest) on of the Senior Notes, segregate and hold in trust for the benefit of the Persons Holders entitled thereto a sum sufficient to pay the principal and any premium principal, premium, if any, or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee in writing of its action or failure so to act. (b) Whenever . If the Company shall have one or more Issuer is not acting as Paying AgentsAgent, it the Issuer will, prior to 10:00 A.M., New York City time, on or before each due date of the principal of and any premium of, premium, if any, or interest (including any Additional Interest) on on, any Senior Notes, deposit with a Paying Agent a sum in same day funds sufficient to pay such amountthe principal, premium, if any, or interest so becoming due, such sum to be held as provided in trust for the Trust Indenture Act benefit 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 such action or any failure so to act. (c) The Company . If the Issuer is not acting as Paying Agent, the Issuer will cause each Paying Agent for the Senior Notes 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 10.2Section, that such Paying Agent will will: (ia) comply with hold all sums held by it for the provisions payment of this Indenture and the Trust Indenture Act applicable principal of, premium, if any, or interest on the Senior Notes 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 and herein provided; (iib) during give the continuance Trustee notice of any default Default by the Company Issuer or the Partnership (or any other obligor upon the Senior Notes) in the making of any payment in respect deposit of principal, premium, if any, or interest; (c) at any time during the Senior Notescontinuance 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 Senior Notes.Agent; and (d) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and disabilities of such Paying Agent. 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, as the case may be, 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 money. (e) . Any money deposited with the Trustee or any Paying Agent, or then held by the Company Issuer, in trust for the payment of the principal of and any premium of, premium, if any, or interest (including any Additional Interest) on any Senior Note and remaining unclaimed for two (2) years after such principal (and any premium premium, if any) or interest has become due and payable shall (unless otherwise required if held by mandatory provision of applicable escheat the Trustee or abandoned or unclaimed property lawany Paying Agent) be paid on Company Request to the CompanyIssuer on Issuer Request, or (if then held by the Company) and shall (unless otherwise required by mandatory provision of applicable escheat or abandoned or unclaimed property law) be discharged from such trust; and the Holder of such Senior Note 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, 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 The New York Times and of general circulation in the Borough of Manhattan, The City of New YorkWall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the CompanyIssuer.

Appears in 2 contracts

Samples: Indenture (Trumps Castle Associates Lp), Indenture (Trumps Castle Associates Lp)

Money for Senior Note Payments to be Held in Trust. (a) If the Company shall at any time act as its own Paying Agent with respect to the Senior Notes, it will, on or before each due date of the principal of and any premium or interest (including any Additional Interest) on the Senior Notes, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee in writing of its failure so to act. (b) Whenever the Company shall have one or more Paying Agents, it will, prior to 10:00 A.M.a.m., New York City time, on each due date of the principal of and any premium or interest (including any Additional Interest) on any Senior Notes, deposit with a Paying Agent a sum sufficient to pay such amount, such sum to be held as provided in the Trust Indenture Act and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its failure so to act. (c) The Company will cause each Paying Agent for the Senior Notes 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 10.2, that such Paying Agent will (i) comply with the provisions of this Indenture and the Trust Indenture Act applicable to it as a Paying Agent and (ii) during the continuance of any default by the Company (or any other obligor upon the Senior Notes) in the making of any payment in respect of the Senior Notes, 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 Senior Notes. (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 then held by the Company in trust for the payment of the principal of and any premium or interest (including any Additional Interest) on any Senior Note and remaining unclaimed for two (2) years after such principal and any premium or interest has become due and payable shall (unless otherwise required by mandatory provision of applicable escheat or abandoned or unclaimed property law) be paid on Company Request to the Company, or (if then held by the Company) shall (unless otherwise required by mandatory provision of applicable escheat or abandoned or unclaimed property law) be discharged from such trust; and the Holder of such Senior Note 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, 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 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 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 2 contracts

Samples: Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc)

Money for Senior Note Payments to be Held in Trust. (a) If the Company shall at any time act as its own Paying Agent with respect to the Senior NotesAgent, it will, on or before each due date of the principal of and (or premium, if any), interest or Additional Amounts or Liquidated Damages, if any, on any premium or interest (including any Additional Interest) on of the Senior Notes, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium of (or premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee in writing of its action or failure so to act. (b) . Whenever the Company shall have one or more Paying AgentsAgents for the Senior Notes, it will, prior to 10:00 A.M., on or before 12:00 Noon (New York City time, ) on the Business Day prior to each due date of the principal of and any premium (or premium, if any) or interest (including any Additional Interest) or Liquidated Damages on any Senior Notes, deposit with a Paying Agent a sum sufficient to pay such amountthe principal (and premium, if any) or interest or Liquidated Damages so becoming due, such sum to be held as provided in trust for the Trust Indenture Act benefit 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 such action or any failure so to act. (c) . The Company will cause each Paying Agent for the Senior Notes other than the Trustee not appointed hereunder 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 10.2Section, that such Paying Agent will will: (ia) comply with hold all sums held by it for the provisions payment of this Indenture the principal of (and premium, if any) or interest or Additional Amounts or Liquidated Damages, if any, on Senior Notes in trust for the Trust Indenture Act applicable benefit of the Persons entitled thereto until such sums shall be paid to it such Persons or otherwise disposed of as a Paying Agent and herein provided; (iib) during give the continuance Trustee prompt written notice of any default by the Company or a Subsidiary Guarantor (or any other obligor upon the Senior Notes) in the making of any payment in respect of principal (and premium, if any) or interest or Additional Amounts or Liquidated Damages, if any; and (c) at any time during the Senior Notescontinuance 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 Senior Notes. (d) 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. (e) sums. 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 and any premium (or premium, if any) or interest (including any or Additional Interest) Amounts or Liquidated Damages, if any, on any Senior Note and remaining unclaimed for two (2) three years after such principal and any principal, premium or interest or Additional Amounts or Liquidated Damages, if any, has become due and payable shall (unless otherwise required by mandatory provision of applicable escheat or abandoned or unclaimed property law) be paid to the Company on Company Request to the CompanyRequest, or (if then held by the Company) shall (unless otherwise required by mandatory provision of applicable escheat or abandoned or unclaimed property law) be discharged from such trust; and the Holder of such Senior Note 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, (i) 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, and (ii) in a newspaper published in the Spanish language and of general circulation in Argentina, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 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 (Leitesol Industry & Commerce Inc.)

Money for Senior Note Payments to be Held in Trust. (a) If the Company shall at any time act as its own Paying Agent with respect to the Senior Notes, it will, on or before each due date of the principal of and any premium or interest (including any Additional Interest) on the Senior Notes, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal and any premium or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee in writing of its failure so to act. (b) Whenever the Company shall have one or more Paying Agents, it will, prior to 10:00 A.M.a.m., New York City time, on each due date of the principal of and or any premium or interest (including any Additional Interest) on any Senior Notes, deposit with a Paying Agent a sum sufficient to pay such amount, such sum to be held as provided in the Trust Indenture Act and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its failure so to act. (c) The Company will cause each Paying Agent for the Senior Notes 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 10.2, that such Paying Agent will (i) comply with the provisions of this Indenture and the Trust Indenture Act applicable to it as a Paying Agent and (ii) during the continuance of any default by the Company (or any other obligor upon the Senior Notes) in the making of any payment in respect of the Senior Notes, 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 Senior Notes. (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 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. (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 and any premium or interest (including any Additional Interest) on any Senior Note and remaining unclaimed for two (2) years after such principal and any premium or interest has become due and payable shall (unless otherwise required by mandatory provision of applicable escheat or abandoned or unclaimed property law) be paid on Company Request to the Company, or (if then held by the Company) shall (unless otherwise required by mandatory provision of applicable escheat or abandoned or unclaimed property law) be discharged from such trust; and the Holder of such Senior Note 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, 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 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 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

Samples: Indenture (Medical Properties Trust Inc)

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Money for Senior Note Payments to be Held in Trust. (a) If the Company shall at any time act as its own Paying Agent with respect to the Senior NotesAgent, it willshall, on or before 11:00 a.m., Eastern time, on each due date of the principal of (and premium, if any, on), interest or Liquidated Damages, if any, on any premium or interest (including any Additional Interest) on of the Senior Notes, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the principal (and any premium premium, if any), interest or interest (including Additional Interest) Liquidated Damages, if any, so becoming due until such sums sum shall be paid to such Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee in writing of its action or failure so to act. (b) . Whenever the Company shall have one or more Paying AgentsAgents for the Senior Notes, it willwill on or before 11:00 a.m., prior to 10:00 A.M., New York City Eastern time, on each due date of the principal of (and any premium premium, if any, on), interest or interest (including any Additional Interest) on Liquidated Damages, if any, on, any Senior Notes, deposit with a Paying Agent a sum immediately available funds sufficient to pay such amountthe principal (and premium, if any), interest or Liquidated Damages, if any, so becoming due, such sum funds to be held as provided in trust for the Trust Indenture Act benefit 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 such action or any failure so to act. (c) . The Company will shall cause each Paying Agent for the Senior Notes (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 10.2Section, that such Paying Agent will will: (ia) comply with hold all sums held by it for the provisions payment of this Indenture the principal of (and premium, if any, on), interest or Liquidated Damages, if any, on Senior Notes in trust for the Trust Indenture Act applicable benefit of the Persons entitled thereto until such sums shall be paid to it such Persons or otherwise disposed of as a Paying Agent and herein provided; (iib) during give the continuance Trustee notice of any default by the Company (or any other obligor upon the Senior Notes) in the making of any payment in respect of principal (and premium, if any), interest or Liquidated Damages, if any; and (c) at any time during the Senior Notescontinuance 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 Senior Notes. (d) 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. (e) Any sums. Subject to applicable escheat and abandoned property laws, 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 (and any premium premium, if any, on), interest or interest (including any Additional Interest) Liquidated Damages, if any, on any Senior Note and remaining unclaimed for two (2) years after such principal (and any premium premium, if any), interest or interest has Liquidated Damages, if any, have become due and payable shall (unless otherwise required by mandatory provision of applicable escheat or abandoned or unclaimed property law) be paid to the Company on Company Request to the CompanyRequest, or (if then held by the Company) shall (unless otherwise required by mandatory provision of applicable escheat or abandoned or unclaimed property law) be discharged from such trust; and the Holder of such Senior Note 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 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 thirty (30) 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 (Veritas DGC Inc)

Money for Senior Note Payments to be Held in Trust. (a) If the Company shall at any time act as its own Paying Agent with respect to the Senior NotesAgent, it will, on or before each due date of the Accreted Value or principal of and any premium (or premium, if any) or interest (including on any Additional Interest) on of the Senior Notes, segregate and hold in trust for the benefit of the Persons entitled thereto a sum sufficient to pay the Accreted Value or principal and any premium of (or premium, if any) or interest (including Additional Interest) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee in writing of its action or failure so to act. (b) . Whenever the Company shall have one or more Paying AgentsAgents for the Senior Notes, it will, prior to 10:00 A.M., New York City time, on or before each due date of the Accreted Value or principal of and any premium (or premium, if any) or interest (including any Additional Interest) on any Senior Notes, deposit with a Paying Agent a sum sufficient to pay such amountthe Accreted Value or principal (and premium, if any) or interest so becoming due, such sum to be held as provided in trust for the Trust Indenture Act benefit of the Persons entitled to such Accreted Value or principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its such action or any failure so to act. (c) . The Company will cause each Paying Agent for the Senior Notes (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 10.2Section, that such Paying Agent will will: (ia) comply with hold all sums held by it for the provisions payment of this Indenture the Accreted Value or principal of (and premium, if any) or interest on Senior Notes in trust for the Trust Indenture Act applicable benefit of the Persons entitled thereto until such sums shall be paid to it such Persons or otherwise disposed of as a Paying Agent and herein provided; (iib) during give the continuance Trustee notice of any default by the Company (or any other obligor upon the Senior Notes) in the making of any payment in respect of Accreted Value or principal (and premium, if any) or interest; and (c) at any time during the Senior Notescontinuance 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 Senior Notes. (d) 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. (e) sums. Any money deposited with the Trustee or any Paying Agent, or then held by the Company Company, in trust for the payment of the Accreted Value or principal of and any premium (or premium, if any) or interest (including any Additional Interest) on any Senior Note and remaining unclaimed for two (2) years after such Accreted Value or principal (and any premium premium, if any) or interest has become due and payable shall (unless otherwise required by mandatory provision of applicable escheat or abandoned or unclaimed property law) be paid to the Company on Company Request to the CompanyRequest, or (if then held by the Company) shall (unless otherwise required by mandatory provision of applicable escheat or abandoned or unclaimed property law) be discharged from such trust; and the Holder of such Senior Note 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, 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 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 thirty (30) 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 (Ascent Entertainment Group Inc)

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