Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, any Security that are not applied but remain unclaimed by the Holder of such Security for two years after the date upon which the principal of, or interest or premium, if any, on, such Security shall have respectively become due and payable shall be repaid to the Company upon Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Company, either mail to each Securityholder affected, at the address shown in the register of the Securities maintained by the Registrar, 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders entitled to the money must look only to the Company for payment as general creditors, unless applicable abandoned property law designates another Person.
Appears in 27 contracts
Samples: Indenture (Nephros Inc), Indenture (Ocugen, Inc.), Indenture (Rekor Systems, Inc.)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company or the Guarantors in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder of such Security Note for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company (or, if appropriate, the Guarantors) upon Company Request, or if such moneys are then held by the Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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; PROVIDEDprovided, HOWEVERhowever, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the CompanyCompany and the Guarantors, either mail to each Securityholder Noteholder affected, at the address shown in the register of the Securities Notes maintained by the RegistrarRegistrar pursuant to Section 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 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 will be repaid to the Company. After payment to the Company or the Guarantors or the release of any money held in trust by the CompanyCompany or any Guarantors, Securityholders as the case may be, Noteholders entitled to the money must look only to the Company and the Guarantors for payment as general creditors, creditors unless applicable abandoned property law designates another Personperson.
Appears in 19 contracts
Samples: Indenture (Lamar Media Corp/De), Indenture (Lamar Advertising Co/New), Indenture (Lamar Media Corp/De)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security that are not applied but remain unclaimed by the Holder of such Security for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security shall have respectively become due and payable shall be repaid to the Company upon Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Company, either mail to each Securityholder affected, at the address shown in the register of the Securities maintained by the Registrar, Registrar 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Personperson.
Appears in 18 contracts
Samples: Indenture (Dyax Corp), Indenture (Axcelis Technologies Inc), Indenture (Dyax Corp)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, any Security that are not applied but remain unclaimed by the Holder of such Security for two years [ ] after the date upon which the principal of, or interest or premium, if any, on, such Security shall have respectively become due and payable shall be repaid to the Company upon Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Company, either mail to each Securityholder affected, at the address shown in the register of the Securities maintained by the Registrar, 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders entitled to the money must look only to the Company for payment as general creditors, unless applicable abandoned property law designates another Person.
Appears in 8 contracts
Samples: Indenture (MingZhu Logistics Holdings LTD), Indenture (AnPac Bio-Medical Science Co., Ltd.), Indenture (Akers Biosciences, Inc.)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Securities that are not applied but remain unclaimed by the Holder of such Security Securities for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Securities shall have respectively become due and payable shall be repaid to the Company upon Company Requesta written request of the Company, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security Securities entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, provided that the Trustee or any such Paying Agent, before being required to make any such repayment, mayshall, at the expense of the Company, either mail to each Securityholder Holder affected, at the address shown in the register of the Securities maintained by the RegistrarRegistrar pursuant to Section 2.03, 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Holders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
Appears in 4 contracts
Samples: Indenture (El Paso Natural Gas Co), Indenture (El Paso Natural Gas Co), Indenture (Anr Pipeline Co)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security that are not applied but remain unclaimed by the Holder of such Security for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security shall have respectively become due and payable shall be repaid to the Company upon Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Company, either mail to each Securityholder affected, at the address shown in the register of the Securities maintained by the Registrar, Registrar 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
Appears in 4 contracts
Samples: Subordinated Indenture (Cytomedix Inc), Indenture (Cytomedix Inc), Indenture (Us Dataworks Inc)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company Issuer in trust for the payment of the principal of, or interest of or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder of such Security Note for two years after the date upon which the principal of, or interest of or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company Issuer upon Company Requesta request of the Issuer, or if such moneys are then held by the Company Issuer in trust, such moneys shall be released from such trust; trust and the Holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company Issuer for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; PROVIDED, HOWEVER, provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the CompanyIssuer, either mail to each Securityholder Holder affected, at the address shown in the Note register of the Securities maintained by the RegistrarRegistrar 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 will be repaid to the CompanyIssuer. After payment to the Company Issuer or the release of any money held in trust by the CompanyIssuer, Securityholders Holders entitled to the money must look only to the Company Issuer for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
Appears in 4 contracts
Samples: Indenture (Spansion Inc.), Indenture (Spansion Inc.), Indenture (Spansion Inc.)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security that are not applied but remain unclaimed by the Holder of such Security for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security shall have respectively become due and payable shall be repaid to the Company upon Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Company, either mail to each Securityholder affected, at the address shown in the register of the Securities maintained by the Registrar, Registrar 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
Appears in 4 contracts
Samples: Indenture (Lumera Corp), Indenture (Stemcells Inc), Indenture (Antigenics Inc /De/)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security that are not applied but remain unclaimed by the Holder of such Security for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security shall have respectively become due and payable shall be repaid to the Company upon Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; PROVIDEDprovided, HOWEVER-------- however, that the Trustee or any such Paying Agent, before being required to ------- make any such repayment, may, at the expense of the Company, either mail to each Securityholder affected, at the address shown in the register of the Securities maintained by the RegistrarRegistrar pursuant to Section 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 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Personperson.
Appears in 3 contracts
Samples: Indenture (Samsonite Corp/Fl), Indenture (Samsonite Holdings Inc), Indenture (Samsonite Holdings Inc)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder of such Security Note for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company upon Company Requesta request of the Company, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, 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 Company, Company either mail (or send electronically to DTC in the case of Global Notes) to each Securityholder Holder affected, at the address shown in the register of the Securities Notes maintained by the RegistrarRegistrar pursuant to Section 2.04 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Holders entitled to the money must look only to the Company for payment as general creditors, 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. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder of such Security Note for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company upon Company Requesta request of the Company, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, provided that the Trustee or any such the Paying Agent, before being required to make any such repayment, may, at the expense of the Company, Company either mail to each Securityholder Holder affected, at the address shown in the register of the Securities Notes maintained by the RegistrarRegistrar pursuant to Section 2.04 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 or publication, any unclaimed balance of such moneys then remaining will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Holders entitled to the money must look only to the Company for payment as general creditors, 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. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security that are not applied but remain unclaimed by the Holder of such Security for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security shall have respectively become due and payable shall be repaid to the Company upon Company Requesta request of the Company, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, provided that the Trustee or any such the Paying Agent, before being required to make any such repayment, may, at the expense of the Company, Company either mail to each Securityholder Holder affected, at the address shown in the register of the Securities maintained by the RegistrarRegistrar 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Holders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
Appears in 2 contracts
Samples: Indenture (Flir Systems Inc), Indenture (Flir Systems Inc)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder of such Security Note for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company upon Company Requesta request of the Company, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, provided that the Trustee or any such the Paying Agent, before being required to make any such repayment, may, at the expense of the Company, Company either mail to each Securityholder Holder affected, at the address shown in the register of the Securities Notes maintained by the RegistrarRegistrar pursuant to Section 2.04 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Holders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
Appears in 2 contracts
Samples: Indenture (Fti Consulting Inc), Indenture (Fti Consulting Inc)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder of such Security Note for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company upon Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Company, either mail to each Securityholder Noteholder affected, at the address shown in the register of the Securities Notes maintained by the RegistrarRegistrar pursuant to Section 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 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Noteholders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Personperson.
Appears in 2 contracts
Samples: Indenture (Cole National Corp /De/), Indenture (Cole National Group Inc)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, any Security that are not applied but remain unclaimed by the Holder of such Security for two years after the date upon which the principal of, or interest or premium, if any, on, such Security shall have respectively become due and payable shall be repaid to the Company upon Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Company, either mail to each Securityholder affected, at the address shown in the register of the Securities maintained by the Registrar, 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders entitled to the money must look only to the Company for payment as general creditors, unless applicable abandoned property law designates another Person.. MISCELLANEOUS
Appears in 1 contract
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security that are not applied but remain unclaimed by the Holder of such Security for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security shall have respectively become due and payable shall be repaid to the Company upon Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Company, either mail to each Securityholder affected, at the address shown in the register of the Securities maintained by the RegistrarRegistrar pursuant to Section 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 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Personperson.
Appears in 1 contract
Samples: Indenture (Samsonite Corp/Fl)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security that are not applied but remain unclaimed by the Holder of such Security for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security shall have respectively become due and payable shall be repaid to the Company upon Company Requesta request of the Company, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only solely to the 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, HOWEVER, provided that the Trustee or any such the Paying Agent, before being required to make any such repayment, may, at the expense of the Company, Company either mail to each Securityholder Holder affected, at the address shown in the register of the Securities maintained by the RegistrarRegistrar 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Holders entitled to the money must look only to the Company for payment as general creditors, unless applicable abandoned property law designates another Person.
Appears in 1 contract
Samples: Indenture (Airgas Inc)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security that are not applied but remain unclaimed by the Holder of such Security for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security shall have respectively become due and payable shall be repaid to the Company upon Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the -------- ------- Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Company, either mail to each Securityholder affected, at the address shown in the register of the Securities maintained by the Registrar, Registrar 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
Appears in 1 contract
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder of such Security Note for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company upon Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Company, Company either mail to each Securityholder Holder affected, at the address shown in the register of the Securities Notes maintained by the RegistrarRegistrar pursuant to Section 2.4 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Holders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Personperson.
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Moneys Held by Trustee. Any Subject to any unclaimed property laws, any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security that are not applied but remain unclaimed by the Holder of such Security for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security shall have respectively become due and payable shall be repaid to the Company upon Company Requesta request of the Company, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, provided that the Trustee or any such the Paying Agent, before being required to make any such repayment, may, at the expense of the Company, Company either send by mail or otherwise in accordance with the procedures of the Depository for Securities represented by Global Securities to each Securityholder Holder affected, at the address shown in the register of the Securities maintained by the RegistrarRegistrar 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Holders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
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Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder holder of such Security Note for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company upon Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Company, either mail to each Securityholder Noteholder affected, at the address shown in the register of the Securities Notes maintained by the RegistrarRegistrar pursuant to Section 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 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Noteholders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Personperson.
Appears in 1 contract
Samples: Indenture (Park Ohio Industries Inc)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder of such Security Note for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company upon a Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Company, Company either mail to each Securityholder Noteholder affected, at the address shown in the register of the Securities Notes maintained by the RegistrarRegistrar pursuant to Section 2.4 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Company Noteholders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Personperson.
Appears in 1 contract
Samples: Indenture (MMH Holdings Inc)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Secu- rity that are not applied but remain unclaimed by the Holder of such Security for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security shall have respectively become due and payable shall be repaid to the Company upon Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or any such -------- ------- Paying Agent, before being required to make any such repayment, may, at the expense of the Company, either mail to each Securityholder affected, at the address shown in the register of the Securities maintained by the RegistrarRegistrar pursuant to Section 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 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Personperson.
Appears in 1 contract
Samples: Indenture (Samsonite Holdings Inc)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company Issuers in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder of such Security Note for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company Issuers upon Company an Issuer Request, or if such moneys are then held by the Company Issuers in trust, such moneys shall be released from such trust; and the Holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company Issuers for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the CompanyIssuers, either mail to each Securityholder Noteholder affected, at the address shown in the register of the Securities Notes maintained by the RegistrarRegistrar pursuant to Section 2.04 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 will be repaid to the CompanyIssuers. After payment to the Company Issuers or the release of any money held in trust by the CompanyIssuers, Securityholders Noteholders entitled to the money must look only to the Company Issuers for payment as general creditors, creditors unless applicable abandoned property law designates another Personperson.
Appears in 1 contract
Samples: Indenture (TWP Capital Corp Ii)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company Issuer in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder of such Security Note for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company Issuer upon Company Requesta request of the Issuer, or if such moneys are then held by the Company Issuer in trust, such moneys shall be released from such trust; and the Holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company Issuer 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, HOWEVER, provided that the Trustee or any such the Paying Agent, before being required to make any such repayment, may, at the expense of the Company, Issuer either mail to each Securityholder Holder affected, at the address shown in the register of the Securities Register maintained by the RegistrarRegistrar pursuant to Section 2.3, 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 will be repaid to the CompanyIssuer. After payment to the Company Issuer or the release of any money held in trust by the CompanyIssuer, Securityholders Holders entitled to the money must look only to the Company Issuer for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
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Moneys Held by Trustee. Any Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Company Issuer in trust for the payment of the principal of, or interest or premium, if any, on, any Security or interest on this Note that are not applied but remain unclaimed by the Holder of such Security this Note for two years after the date upon which the principal of, or interest or premium, if any, on, such Security or interest on this Note shall have respectively become due and payable shall be repaid to the Company upon Company RequestIssuer, or if such moneys are then held by the Company Issuer in trust, such moneys shall be released from such trust; and the Holder of such Security this Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company Issuer for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; PROVIDED, HOWEVER, provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the CompanyIssuer, either mail to each Securityholder Holder affected, at the address shown in the register of the Securities Notes maintained by the RegistrarRegistrar 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 will shall be repaid to the CompanyIssuer. After payment to the Company Issuer or the release of any money held in trust by the CompanyIssuer, Securityholders as the case may be, Holders entitled to the money must look only to the Company Issuer for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
Appears in 1 contract
Samples: Indenture (Hilltop Holdings Inc.)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder of such Security Note for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company upon Company Requesta request of the Company, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, provided that the Trustee or any such the Paying Agent, before being required to make any such repayment, may, at the expense of the Company, Company either mail to each Securityholder Holder affected, at the address shown in the register of the Securities Notes maintained by the RegistrarRegistrar pursuant to Section 2.04 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 or publication, any unclaimed balance of such moneys then remaining will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Holders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
Appears in 1 contract
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security that are not applied but remain unclaimed by the Holder of such Security for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security shall have respectively become due and payable shall be repaid to the Company upon Company Requesta request of the Company, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, provided that the Trustee or any such the Paying Agent, before being required to make any such repayment, may, at the expense of the Company, Company either mail to each Securityholder Holder affected, at the address shown in the register of the Securities maintained by the RegistrarRegistrar 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Holders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
Appears in 1 contract
Samples: Indenture (Airgas Inc)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or of (and premium, if any) and interest, onif any, on any Security that are not applied but remain unclaimed by the Holder of such Security for two years after the date upon which the principal of, or interest or of (and premium, if any) and interest, onif any, on such Security shall have respectively become due and payable shall be repaid to the Company upon Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Company, either mail to each Securityholder affected, at the address shown in the register of the Securities maintained by the Registrar, Registrar 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Personperson.
Appears in 1 contract
Samples: Indenture (Shore Bancshares Inc)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security that are not applied but remain unclaimed by the Holder of such Security for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security shall have respectively become due and payable shall be repaid to the Company upon Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Company, either mail to each Securityholder affected, at the address shown in the register of the Securities maintained by the RegistrarRegistrar pursuant to Section 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 City of New York, New YorkLuxembourg, 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Personperson.
Appears in 1 contract
Samples: Indenture (Samsonite Corp/Fl)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder of such Security Note for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company upon a Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVERprovided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Company, either mail to each Securityholder Noteholder affected, at the address shown in the register of the Securities Notes maintained by the RegistrarRegistrar pursuant to Section 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Noteholders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
Appears in 1 contract
Moneys Held by Trustee. Any Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Company Issuer in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder of such Security Note for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company upon Company RequestIssuer, or if such moneys are then held by the Company Issuer in trust, such moneys shall be released from such trust; and the Holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company Issuer for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; PROVIDED, HOWEVER, provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the CompanyIssuer, either mail to each Securityholder Holder affected, at the address shown in the register of the Securities Notes maintained by the RegistrarRegistrar 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 will shall be repaid to the CompanyIssuer. After payment to the Company Issuer or the release of any money held in trust by the CompanyIssuer, Securityholders as the case may be, Holders entitled to the money must look only to the Company Issuer for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
Appears in 1 contract
Samples: Indenture (Hilltop Holdings Inc.)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, any Security that are not applied but remain unclaimed by the Holder of such Security for two years after the date upon which the principal of, or interest or premium, if any, on, such Security shall have respectively become due and payable shall be repaid to the Company upon Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Company, either mail to each Securityholder affected, at the address shown in the register of the Securities maintained by the Registrar, 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 YorkSan Diego, New YorkCalifornia, 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders entitled to the money must look only to the Company for payment as general creditors, unless applicable abandoned property law designates another Person.
Appears in 1 contract
Samples: Indenture (One Stop Systems, Inc.)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder of such Security Note for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company upon Company Requesta written request of the Company, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, provided that the Trustee or any such the Paying Agent, before being required to make any such repayment, may, at the expense of the Company, Company either mail to each Securityholder Holder affected, at the address shown in the register of the Securities Notes maintained by the RegistrarRegistrar pursuant to Section 2.04 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Holders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
Appears in 1 contract
Samples: Indenture (CEB Inc.)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Senior Note that are not applied but remain unclaimed by the Holder of such Security Senior Note for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Senior Note shall have respectively become due and payable shall be repaid to the Company upon Company Requesta request of the Company, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security Senior Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Company, either mail to each Securityholder Holder affected, at the address shown in the register of the Securities Senior Notes maintained by the RegistrarRegistrar 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Holders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
Appears in 1 contract
Samples: Indenture (Donnelley R H Inc)
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder of such Security Note for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company upon Company Requesta request of the Company, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, 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 Company, Company either mail (or send electronically to Euroclear and Clearstream, in the case of Global Notes) to each Securityholder Holder affected, at the address shown in the register of the Securities Notes maintained by the RegistrarRegistrar pursuant to Section 2.04 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Holders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
Appears in 1 contract
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal Accreted Value of, or interest or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder of such Security Note for two years after the date upon which the principal Accreted Value of, or interest or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company upon a Company Request, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVERprovided, that the Trustee or any such Paying Agent, before being required to make any such repayment, mayshall, at the expense of the Company, either mail to each Securityholder Noteholder affected, at the address shown in the register of the Securities Notes maintained by the RegistrarRegistrar pursuant to Section 2.04 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Noteholders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
Appears in 1 contract
Moneys Held by Trustee. Any moneys deposited with the Trustee or any Paying Agent or then held by the Company in trust for the payment of the principal of, or interest or premium, if any, on, or interest on any Security Note that are not applied but remain unclaimed by the Holder of such Security Note for two years after the date upon which the principal of, or interest or premium, if any, on, or interest on such Security Note shall have respectively become due and payable shall be repaid to the Company upon Company Requesta request of the Company, or if such moneys are then held by the Company in trust, such moneys shall be released from such trust; and the Holder of such Security Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the 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, HOWEVER, provided that the Trustee or any such the Paying Agent, before being required to make any such repayment, mayshall, at the expense of the Company, Company either mail to each Securityholder Holder affected, at the address shown in the register of the Securities Notes maintained by the RegistrarRegistrar pursuant to Section 2.04 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 will be repaid to the Company. After payment to the Company or the release of any money held in trust by the Company, Securityholders Holders entitled to the money must look only to the Company for payment as general creditors, creditors unless applicable abandoned property law designates another Person.
Appears in 1 contract