Common use of Moneys Held by Trustee Clause in Contracts

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 15 contracts

Samples: Indenture (News Corp), Indenture (Match Group, Inc.), Indenture (News Corp)

AutoNDA by SimpleDocs

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 13 contracts

Samples: Indenture (M I Homes Inc), Indenture (M I Homes Inc), Indenture (William Lyon Homes Inc)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 7 contracts

Samples: Indenture (ER Marks, Inc.), Indenture (QVC Inc), Indenture (Iac/Interactivecorp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Senior Note that are not applied but remain unclaimed by the Holder of such Senior Note for two years after the date upon which the principal of, or premium, if any, or interest on such Senior Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Senior Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Senior Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City city of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 6 contracts

Samples: Indenture (Genesis Health Ventures Inc /Pa), Execution (Mariner Health Care Inc), Indenture (Mariner Post Acute Network Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys and U.S. Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid or returned to the Issuer Issuers (or, if appropriate, the Guarantors)) upon a request of the Issuers, or if such moneys and U.S. Government Obligations are then held by the Issuer Issuers or the Guarantors in trust, such moneys and U.S. Government Obligations shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and U.S. Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.06, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, a notice that such money moneys and U.S. Government Obligations 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 moneys and U.S. Government Obligations then remaining shall will be repaid or returned to the IssuerIssuers. After payment or return to the Issuer Issuers or the Guarantors or the release of any money moneys and U.S. Government Obligations held in trust by the an Issuer or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 6 contracts

Samples: Indenture (Crown Holdings Inc), Crown Holdings Inc, Crown Holdings Inc

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.05 of the Base Indenture, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 4 contracts

Samples: Fourth Supplemental Indenture (QVC Inc), Indenture (QVC Inc), Indenture (QVC Inc)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, mayshall, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 4 contracts

Samples: Weyerhaeuser Real Estate Company (TRI Pointe Homes, Inc.), Weyerhaeuser Real Estate Company (TRI Pointe Homes, Inc.), Indenture (Meritage Homes CORP)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 4 contracts

Samples: Indenture (General Cable Corp /De/), Imc Global Inc, Covenants (Imc Global Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys and EU Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid or returned to the Issuer (or, if appropriate, the Guarantors)) upon a request of the Issuer, or if such moneys and EU Government Obligations are then held by the Issuer or the Guarantors in trust, such moneys and EU Government Obligations shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and EU Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.06, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, and in one newspaper published in the English language, customarily published each Business Day and of general circulation in London, England, a notice that such money moneys and EU Government Obligations 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 moneys and EU Government Obligations then remaining shall will be repaid or returned to the Issuer. After payment or return to the Issuer or the Guarantors or the release of any money moneys and EU Government Obligations held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 3 contracts

Samples: Indenture (Crown Holdings Inc), Crown Holdings Inc, Crown Holdings Inc

Moneys Held by Trustee. Subject to applicable law, any Any moneys and U.S. Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid or returned to the Issuer (or, if appropriate, the Guarantors)) upon a request of the Issuer, or if such moneys and U.S. Government Obligations are then held by the Issuer or the Guarantors in trust, such moneys and U.S. Government Obligations shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and U.S. Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.06, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, a notice that such money moneys and U.S. Government Obligations 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 moneys and U.S. Government Obligations then remaining shall will be repaid or returned to the Issuer. After payment or return to the Issuer or the Guarantors or the release of any money moneys and U.S. Government Obligations held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 3 contracts

Samples: Indenture (Wesco International Inc), Indenture (Crown Holdings Inc), Indenture (Wesco International Inc)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 3 contracts

Samples: Indenture (Phibro Animal Health Corp), Supplemental Indenture (Affiliate Investment, Inc.), Indenture (National Credit & Guaranty CORP)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the any Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the Issuer. After payment to the Issuer or the Guarantors any Guarantor or the release of any money held in trust by the Issuer or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 3 contracts

Samples: Indenture (Massey Energy Co), Indenture (Ipsco Inc), Indenture (Ipsco Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors Company in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, Company upon a request of the Guarantors)Company, or if such moneys are then held by the Issuer or the Guarantors Company in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors Company for the payment thereof, and all liability of the Trustee or such the Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such the Paying Agent, before being required to make any such repayment, mayshall, at the written request of the Company and at the expense of the Issuer and the Guarantors, Company either mail (or send electronically to DTC in the case of Global Notes) to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a 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 mailing notice or the date of the publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer or the Guarantors Company or the release of any money held in trust by the Issuer or any Guarantors, as the case may beCompany, Holders entitled to the money must look only to the Issuer and the Guarantors Company for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 3 contracts

Samples: Indenture (Alliance Data Systems Corp), Indenture (Alliance Data Systems Corp), Indenture (Alliance Data Systems Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the any Guarantors in trust for the payment of the principal ofprincipal, or premium, if any, Redemption Price or Purchase Price of, and accrued interest on on, any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal ofprincipal, or premium, if any, Redemption Price or Purchase Price of, and accrued interest on on, such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Issuers or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, if any, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Issuers and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 3 contracts

Samples: Indenture (Petro Stopping Centers L P), Indenture (Petro Stopping Centers Holdings Lp), Indenture (Petro Financial Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Subsidiary Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Subsidiary Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the Subsidiary Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Subsidiary Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Subsidiary Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Subsidiary Guarantors or the release of any money held in trust by the Issuer Company or any Subsidiary Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Subsidiary Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 3 contracts

Samples: Indenture (Paxson Communications Corp), Indenture (Paxson Communications Corp), Paxson Communications Corp

Moneys Held by Trustee. Subject to applicable law, any Any moneys and U.S. Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid or returned to the Issuer (or, if appropriate, the Guarantors)) upon a request of the Issuer, or if such moneys and U.S. Government Obligations are then held by the Issuer or the Guarantors in trust, such moneys and U.S. Government Obligations shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and U.S. Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.06, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, a notice that such money moneys and U.S. Government Obligations 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 moneys and U.S. Government Obligations then remaining shall will be repaid or returned to the Issuer. After payment or return to the Issuer or the Guarantors or the release of any money moneys and U.S. Government Obligations held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 3 contracts

Samples: Indenture (LKQ Corp), Indenture (Wesco International Inc), Indenture (LKQ Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, of or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, Finance Co. or the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company, Finance Co. or the Guarantors or the release of any money held in trust by the Issuer Company, Finance Co. or any Guarantors, as the case may be, Holders holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 3 contracts

Samples: Indenture (Skyterra Communications Inc), Harbinger Capital Partners Master Fund I, Ltd., Harbinger Capital Partners Master Fund I, Ltd.

Moneys Held by Trustee. Subject to applicable law, any Any moneys and European Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid or returned to the Issuer (or, if appropriate, the Guarantors)) upon a request of the Issuer, or if such moneys and European Government Obligations are then held by the Issuer or the Guarantors in trust, such moneys and European Government Obligations shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and European Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.06, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, a notice that such money moneys and European Government Obligations 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 moneys and European Government Obligations then remaining shall will be repaid or returned to the Issuer. After payment or return to the Issuer or the Guarantors or the release of any money moneys and European Government Obligations held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Samples: Indenture (LKQ Corp), Supplemental Indenture (LKQ Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, of or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, Finance Co. or the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04[2.03] hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company, Finance Co. or the Guarantors or the release of any money held in trust by the Issuer Company, Finance Co. or any Guarantors, as the case may be, Holders holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Samples: Mobile Satellite (Skyterra Communications Inc), Harbinger Capital Partners Master Fund I, Ltd.

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Subsidiary Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Subsidiary Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the Subsidiary Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Subsidiary Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED, HOWEVER, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Subsidiary Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Subsidiary Guarantors or the release of any money held in trust by the Issuer Company or any Subsidiary Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Subsidiary Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 2 contracts

Samples: Purchase Agreement (Paxson Communications Corp), Purchase Agreement (Paxson Communications Corp)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Subsidiary Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Subsidiary Guarantors), or if such moneys are then held by the Issuer or the Subsidiary Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Subsidiary Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Subsidiary Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Subsidiary Guarantors or the release of any money held in trust by the Issuer or any Subsidiary Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Subsidiary Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Samples: Indenture (Amsurg Corp), Indenture (Amsurg Corp)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, mayshall, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Samples: Indenture (Meritage Homes CORP), Meritage Homes CORP

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years one year after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. The Trustee shall promptly and, in any event, no later that five (5) Business Days, pay to the Issuer (or if appropriate, the Guarantors) after request therefore any excess money held in respect of the Notes at such time in excess of the amounts required to pay any of the Issuer’s Obligations then owing with respect to the Notes. ARTICLE TEN

Appears in 2 contracts

Samples: Gsi Group Inc, Gsi Group Inc

Moneys Held by Trustee. Subject to applicable law, any Any moneys and EU Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid or returned to the Issuer (or, if appropriate, the Guarantors)) upon a request of the Issuer, or if such moneys and EU Government Obligations are then held by the Issuer or the Guarantors in trust, such moneys and EU Government Obligations shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and EU Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.06, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, and in one newspaper published in the English language, customarily published each Business Day and of general circulation in London, England, a notice that such money moneys and EU Government Obligations 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 moneys and EU Government Obligations then remaining shall will be repaid or returned to the Issuer. After payment or return to the Issuer or the Guarantors or the release of any money moneys and EU Government Obligations held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 2 contracts

Samples: Indenture (Crown Holdings, Inc.), Indenture (Crown Holdings Inc)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail or electronically deliver to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.06, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New YorkYork or the United States, a 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 mailing mailing, electronic delivery or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general unsecured creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Samples: Sears Holdings Corp, Sears Holdings Corp

Moneys Held by Trustee. Subject to applicable law, any Any moneys and European Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note Security that are not applied but remain unclaimed by the Holder of such Note Security for two years after the date upon which the principal of, or premium, if any, or interest on such Note Security shall have respectively become due and payable shall be repaid or returned to the Issuer (or, if appropriate, the Guarantors)) upon a request of the Issuer, or if such moneys and European Government Obligations are then held by the Issuer or the Guarantors in trust, such moneys and European Obligations shall be released from such trust; and the Holder of such Note Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and European Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes Securities of the applicable series maintained by the Registrar pursuant to Section 2.042.07, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, a notice that such money moneys and/or European Government Obligations 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 moneys and/or European Obligations then remaining shall will be repaid or returned to the Issuer. After payment or return to the Issuer or the Guarantors or the release of any money moneys and European Government Obligations held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Samples: Supplemental Indenture (LKQ Corp), Supplemental Indenture (Keystone Automotive Operations Inc)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04308, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New YorkYork or the United States, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE EIGHT

Appears in 2 contracts

Samples: Indenture (L Brands, Inc.), Indenture (L Brands, Inc.)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Senior Note that are not applied but remain unclaimed by the Holder of such Senior Note for two years after the date upon which the principal of, or premium, if any, or interest on such Senior Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Senior Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, mayshall, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Senior Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York2.3 hereof, a 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 mailing or publicationmailing, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 2 contracts

Samples: Genesis Health (Genesis Health Ventures Inc /Pa), Genesis Health (Genesis Health Ventures Inc /Pa)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the any Guarantors in trust for the payment of the 70 principal of, or premium, if any, or interest on any Senior Note that are not applied but remain unclaimed by the Holder of such Senior Note for two years after the date upon which the principal of, or premium, if any, or interest on such Senior Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors)) upon Issuers' Request, or if such moneys are then held by the Issuer Issuers or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Senior Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED, HOWEVER, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Senior Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City city of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Issuers and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 2 contracts

Samples: Indenture (Superior Telecommunications Inc), Indenture (Essex Group Inc)

Moneys Held by Trustee. Subject to applicable lawthis Article 9, the Trustee and each Paying Agent shall promptly pay to the Issuer (or, if appropriate, any Guarantors) upon written request any excess moneys or Government Obligations held by it at any time and thereupon shall be relieved from all liability with respect to such moneys or Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, any Guarantors) upon written request of the Guarantors)Issuer, or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the any Guarantors for the payment thereof, unless applicable abandoned property law designates another Person, and all liability liabilities of the Trustee or such Paying Agent with respect to such trust money moneys or Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the any Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register Register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, weeks in a newspaper published in the English language, language customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, therein which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Samples: Canwest Media Inc, Canwest Media Inc

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Samples: M/I Homes, Inc., M/I Homes, Inc.

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the any Guarantors, either mail to each Holder affected, at the address shown in the register Security Register of the Notes maintained by the Security Registrar pursuant to Section 2.047.02, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors any Guarantor or the release of any money held in trust by the Issuer Company or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Samples: Indenture (Catalyst Paper Corp), Satisfaction and Discharge (Catalyst Paper Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, of or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, of or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a request of the Company, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes Register maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Samples: Seminis Inc, Seminis Inc

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Samples: General Cable Corp /De/

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors Company in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, Company upon a request of the Guarantors)Company, or if such moneys are then held by the Issuer or the Guarantors Company in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors Company for the payment thereof, and all liability of the Trustee or such the Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such the Paying Agent, before being required to make any such repayment, mayshall, at the written request of the Company, at the expense of the Issuer and the Guarantors, Company either mail (or send electronically to Euroclear and Clearstream, in the case of Global Notes) to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New YorkYork and in Europe, a 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 mailing notice or the date of the publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer or the Guarantors Company or the release of any money held in trust by the Issuer or any Guarantors, as the case may beCompany, Holders entitled to the money must look only to the Issuer and the Guarantors Company for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Indenture (Alliance Data Systems Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys and EU Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid or returned to the Issuer Company (or, if appropriate, the Guarantors)) upon a request of the Company, or if such moneys and EU Government Obligations are then held by the Issuer Company or the Guarantors in trust, such moneys and EU Government Obligations shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and EU Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.07, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, and in one newspaper published in the English language, customarily published each Business Day and of general circulation in London, England, a notice that such money moneys and EU Government Obligations 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 moneys and EU Government Obligations then remaining shall will be repaid or returned to the IssuerCompany. After payment or return to the Issuer Company or the Guarantors or the release of any money moneys and EU Government Obligations held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Crown Holdings Inc

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors Company in trust for the payment of the principal principal, Change of Control Purchase Price or Excess Cash Flow Purchase Price of, or premiumand accrued interest on, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal principal, Change of Control Purchase Price or Excess Cash Flow Purchase Price of, or premiumand accrued interest on, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors)Company upon Company Order, or if such moneys are then held by the Issuer or the Guarantors Company in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors Company for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, Company either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 calendar days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer or the Guarantors Company or the release of any money held in trust by the Issuer or any Guarantors, as the case may beCompany, Holders entitled to the money must look only to the Issuer and the Guarantors Company for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: Labranche & Co Inc

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the any Guarantors, either mail to each Holder affected, at the address shown in the register Security Register of the Notes maintained by the Security Registrar pursuant to Section 2.047.02 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors any Guarantor or the release of any money held in trust by the Issuer Company or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Indenture (Norske Skog Canada LTD)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, mayshall, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN SUBORDINATION

Appears in 1 contract

Samples: Indenture (Language Line Costa Rica, LLC)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, -------- however, that the Trustee or any such Paying Agent, before being required to ------- make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Sandhills Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the any Guarantors for the payment thereof, and all al1 liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the any Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors any Guarantor or the release of any money held in trust by the Issuer Company or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Norske Skog Canada LTD

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, interest or interest Liquidated Damages, if any, on any Note Security that are not applied but remain unclaimed by the Holder of such Note Security for two years after the date upon which the principal of, or premium, if any, interest or interest Liquidated Damages, if any, on such Note Security shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)Guarantor) upon Company Request, or if such moneys are then held by the Issuer Company or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors such Guarantor for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantorssuch Guarantor, either mail to each Holder Securityholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04Register, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany or such Guarantor. After payment to the Issuer Company or the Guarantors such Guarantor or the release of any money held in trust by the Issuer Company or any Guarantorssuch Guarantor, as the case may be, Holders Securityholders entitled to the money must look only to the Issuer Company and the Guarantors such Guarantor for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Samples: Carson Products Co

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon an Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Ski Lifts Inc

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors Subsidiary Guarantors, if any, in trust for the payment of the principal of, Accreted Value of or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, Accreted Value of or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Subsidiary Guarantors)) upon a request of the Issuer, or if such moneys are then held by the Issuer or or, if applicable, the Subsidiary Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors Subsidiary Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Subsidiary Guarantors, if any, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors Subsidiary Guarantors, if any, or the release of any money held in trust by the Issuer or any Subsidiary Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors Subsidiary Guarantors, if any, for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Indenture (Pharma Services Intermediate Holding Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note Security that are not applied but remain unclaimed by the Holder of such Note Security for two years after the date upon which the principal of, or premium, if any, or interest on such Note Security shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, if any, either mail to each Holder Securityholder affected, at the address shown in the register of the Notes Securities maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Securityholders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Indenture (Fairfield Manufacturing Co Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, interest or interest Additional Interest, if any, on any Note Security that are not applied but remain unclaimed by the Holder of such Note Security for two years after the date upon which the principal of, or premium, if any, interest or interest Additional Interest, if any, on such Note Security shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)such Guarantor) upon Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Securityholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04Register, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany or such Guarantor. After payment to the Issuer Company or the Guarantors such Guarantor or the release of any money held in trust by the Issuer Company or any Guarantorssuch Guarantor, as the case may be, Holders Securityholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Fedders Corp /De

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, of or interest on any Senior Note that are not applied but remain unclaimed by the Holder of such Senior Note for two years after the date upon which the principal of, or premium, if any, of or interest on such Senior Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors)upon Issuer's Request, or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Senior Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED, HOWEVER, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the GuarantorsIssuer, either mail to each Holder affected, at the address shown in the register of the Senior Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City city of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may beIssuer, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: Indenture (Franks Nursery & Crafts Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Samples: Indenture (Pca International Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Subsidiary Guarantors in trust for the payment of the principal of, of or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, of or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Subsidiary Guarantors)) upon a request of the Company, or if such moneys are then held by the Issuer Company or the Subsidiary Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Subsidiary Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Subsidiary Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Subsidiary Guarantors or the release of any money held in trust by the Issuer Company or any Subsidiary Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Subsidiary Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Samples: Quintiles Transnational Corp

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Senior Note that are not applied but remain unclaimed by the Holder of such Senior Note for two years after the date upon which the principal of, or premium, if any, or interest on such Senior Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a request of the Company, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Senior Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Senior Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Indenture (Donnelley R H Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED, HOWEVER, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors any Guarantor or the release of any money held in trust by the Issuer Company or any GuarantorsGuarantor, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: High Voltage Engineering Corp

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer (or, if appropriate, the Guarantors)any Guarantor) upon an Issuer Request, or if such moneys are then held by the Issuer or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, subject to applicable abandonment property laws, look only to the Issuer and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the any Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the Issuer. After payment to the Issuer or the Guarantors any Guarantor or the release of any money held in trust by the Issuer or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Samples: 3019693 Nova Scotia U.L.C.

Moneys Held by Trustee. Subject to applicable lawthis Article IX, the Trustee and each Paying Agent shall promptly pay to the Issuer (or, if appropriate, any Guarantors) upon written request any excess moneys or Government Obligations, as the case may be, held by it at any time and thereupon shall be relieved from all liability with respect to such moneys or Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, any Guarantors) upon written request of the Guarantors)Issuer, or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the any Guarantors for the payment thereof, unless applicable abandoned property law designates another Person, and all liability liabilities of the Trustee or such Paying Agent with respect to such trust money moneys or Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the any Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register Register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, weeks in a newspaper published in the English language, language customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which therein that shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Canwest Media Inc

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such 82 90 moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: Lamar Advertising Co

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Indenture (Carpenter W R North America Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a request of the Company, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar -110- pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Samples: Moore Wallace Inc

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general 90 -83- creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: Outdoor Systems Inc

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest inter- est on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the any Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the Issuer. After payment to the Issuer or the Guarantors any Guarantor or the release of any money held in trust by the Issuer or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Indenture (Massey Energy Co)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Senior Note that are not applied but remain unclaimed by the Holder of such Senior Note for two years after the date upon which the principal of, or premium, if any, or interest on such Senior Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors)) upon Issuers’ Request, or if such moneys are then held by the Issuer Issuers or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Senior Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Senior Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City city of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Issuers and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: Supplemental Indenture (Superior Essex Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors Guarantor in trust for the payment of the principal of, or premium, if any, interest or interest Liquidated Damages, if any, on any Note Security that are not applied but remain unclaimed by the Holder of such Note Security for two years after the date upon which the principal of, or premium, if any, interest or interest Liquidated Damages, if any, on such Note Security shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)Guarantor) upon Company Request, or if such moneys are then held by the Issuer Company or the Guarantors Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors Guarantor for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the GuarantorsGuarantor, either mail to each Holder Securityholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04Register, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany or the Guarantor. After payment to the Issuer Company or the Guarantors Guarantor or the release of any money held in trust by the Issuer Company or any Guarantorsthe Guarantor, as the case may be, Holders Securityholders entitled to the money must look only to the Issuer Company and the Guarantors Guarantor for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Samples: Fedders North America Inc

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.06, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New YorkYork or the United States, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Limited Brands Inc

AutoNDA by SimpleDocs

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors Issuers in trust for the payment of the principal ofprincipal, or premium, if any, Redemption Price or Purchase Price of, and accrued interest on on, any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal ofprincipal, or premium, if any, Redemption Price or Purchase Price of, and accrued interest on on, such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors)Issuers upon Company Request, or if such moneys are then held by the Issuer or the Guarantors Issuers in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors Issuers for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, Issuers either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer or the Guarantors Issuers, or the release of any money held in trust by the Issuer or any Guarantors, as the case may beIssuers, Holders entitled to the money must look only to the Issuer and the Guarantors Issuers for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: Indenture (Petro Holdings Financial Corp)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Indenture (Starz, LLC)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Subsidiary Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Subsidiary Guarantors)) upon a request of the Company, or if such moneys are then held by the Issuer Company or the Subsidiary Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Subsidiary Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Subsidiary Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Subsidiary Guarantors or the release of any money held in trust by the Issuer Company or any Subsidiary Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Subsidiary Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: FMC Corp

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN GUARANTEE OF NOTES

Appears in 1 contract

Samples: Security Agreement (Portrait Corp of America, Inc.)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the any Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors any Guarantor or the release of any money held in trust by the Issuer Company or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Samples: Norske Skog Canada LTD

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before -------- ------- being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: Pledge and Intercreditor Agreement (Pierce Leahy Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors)) upon a Issuer Request, or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Oro Spanish Broadcasting Inc

Moneys Held by Trustee. Subject to applicable law, any Any moneys and Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid or returned to the Issuer Company (or, if appropriate, the Guarantors)) upon a request of the Company, or if such moneys and Government Obligations are then held by the Issuer Company or the Guarantors in trust, such moneys and Government Obligations shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.07, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, and in one newspaper published in the English language, customarily published each Business Day and of general circulation in London, England, a notice that such money moneys and Government Obligations 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 moneys and Government Obligations then remaining shall will be repaid or returned to the IssuerCompany. After payment or return to the Issuer Company or the Guarantors or the release of any money moneys and Government Obligations held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Indenture (Crown Holdings Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriateapplicable, to the Guarantors)) upon a request of the Company, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Indenture (R H Donnelley Corp)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall shall, upon request, be repaid to the Issuer (or, if appropriate, the Co-Issuer or the Guarantors), or if such moneys are then held by the Issuer, the Co-Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer, the Co-Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer, the Co-Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer, the Co-Issuer or the Guarantors or the release of any money held in trust by the Issuer, the Co-Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer, the Co-Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE NINE

Appears in 1 contract

Samples: Stanley-Martin Communities, LLC

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a request of the Company, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Moore Corporation LTD

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN GUARANTEE OF NOTES

Appears in 1 contract

Samples: EDGEWELL PERSONAL CARE Co

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04308, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New YorkYork or the United States, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Indenture (L Brands, Inc.)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, of or premiuminterest (including Additional Interest, if any, or interest ) on any Discount Note that are not applied but remain unclaimed by the Holder of such Discount Note for two years after the date upon which the principal of, or premium, if any, of or interest on such Discount Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Discount Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Discount Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN GUARANTEE OF DISCOUNT NOTES

Appears in 1 contract

Samples: Idleaire Technologies Corp

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general unsecured creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: Healthcor Holdings Inc

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN GUARANTEE OF NOTES

Appears in 1 contract

Samples: Indenture (Ashton Woods USA L.L.C.)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Ashton Houston Residential L.L.C.

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors)) upon an Issuer Request, or if such moneys are then held by the Issuer Issuers or the 90 -82- Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: TWP Capital Corp Ii

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the any Guarantors in trust for the payment of the principal principal, Redemption Price or Purchase Price of, or premiumand accrued interest on, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal principal, Redemption Price or Purchase Price of, or premiumand accrued interest on, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Issuers or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Issuers and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: Petro Stopping Centers L P

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors)) upon an Issuer Request, or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, -------- however, that the Trustee or any such Paying Agent, before being required to ------- make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders noteholders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: Coaxial LLC

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, of or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, of or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a written request of the Company, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, mayshall, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes Register maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property Property law designates another Person.

Appears in 1 contract

Samples: Indenture (1295728 Alberta ULC)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed un- 97 -90- claimed 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 moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Meritage Corp

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the any Guarantors, either mail to each Holder affected, at the address shown in the register Security Register of the Notes maintained by the Security Registrar pursuant to Section 2.047.02 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors any Guarantor or the release of any money held in trust by the Issuer Company or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Indenture (Norske Skog Canada LTD)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.4 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: Morris Material Handling Inc

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, of or premium, if any, or interest on any Senior Subordinated Note that are not applied but remain unclaimed by the Holder of such Senior Subordinated Note for two years after the date upon which the principal of, of or premium, if any, or interest on such Senior Subordinated Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a request of the Company, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Senior Subordinated Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Senior Subordinated Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Donnelley R H Inc

Moneys Held by Trustee. Subject to applicable law, any Any moneys and U.S. Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid or returned to the Issuer Issuers (or, if appropriate, the Guarantors)) upon a request of the Issuers, or if such moneys and U.S. Government Obligations are then held by the Issuer Issuers or the Guarantors in trust, such moneys and U.S. Government Obligations shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and U.S. Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.06, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, a notice that such money moneys and U.S. Government Obligations 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 moneys and U.S. Government Obligations then remaining shall will be repaid or returned to the IssuerIssuers. After payment or return to the Issuer Issuers or the Guarantors or the release of any money moneys and U.S. Government Obligations held in trust by the an Issuer or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. Table of Contents ARTICLE TEN GUARANTEE OF SECURITIES

Appears in 1 contract

Samples: Indenture (Crown Holdings Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors)) upon an Issuer Request, or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, -------- however, that the Trustee or any such Paying Agent, before being required to ------- make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: Petersen Holdings LLC

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the any Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each -83- Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors any Guarantor or the release of any money held in trust by the Issuer Company or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Samples: Indenture (Norske Skog Canada LTD)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors Issuers in trust for the payment of the principal principal, Redemption Price or Purchase Price of, or premiumand accrued interest on, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal principal, Redemption Price or Purchase Price of, or premiumand accrued interest on, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors)Issuers upon Company Request, or if such moneys are then held by the Issuer or the Guarantors Issuers in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors Issuers for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, Issuers either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer or the Guarantors Issuers or the release of any money held in trust by the Issuer or any GuarantorsIssuers, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer and the Guarantors Issuers for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: Petro Holdings Financial Corp

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the any Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors any Guarantor or the release of any money held in trust by the Issuer Company or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN GUARANTEE OF NOTES

Appears in 1 contract

Samples: Norske Skog Canada LTD

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors)) upon a Issuer Request, or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. 84 -77- ARTICLE TEN

Appears in 1 contract

Samples: Indenture (River Marine Terminals Inc)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, mayshall, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance bal- ance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Samples: Indenture (Meritage Homes CORP)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a request of the Company, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Indenture (Laidlaw International Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Samples: Indenture (Oglebay Norton Co /New/)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon an Issuer Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains re- mains 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 moneys then remaining shall be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: Indenture (Aircraft Service International Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors)) upon an Issuer Request, or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: Target Directories of Michigan Inc

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon -91- Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: Covenants (Hayes Lemmerz International Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the Accreted Value and principal of, of or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder holder of such Note for two years after the date upon which the Accreted Value and principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, Finance Co. or the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company, Finance Co. or the Guarantors or the release of any money held in trust by the Issuer Company, Finance Co. or any Guarantors, as the case may be, Holders holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Skyterra Communications Inc

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a 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 mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Samples: Indenture (Federal Mogul Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.