Other Miscellaneous Provisions. Subject to Section 8.06, all money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 8.05, the “Trustee”) pursuant to Section 8.04 in respect of the outstanding Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as Paying Agent) as the Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal, premium and Additional Interest, if any, and interest, but such money need not be segregated from other funds except to the extent required by law. The Issuer shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 8.04 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes. Notwithstanding anything in this Article 8 to the contrary, the Trustee shall deliver or pay to the Issuer from time to time upon the request of the Issuer any money or non-callable Government Securities held by it as provided in Section 8.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 8.04 hereof), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
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Samples: Indenture (Usp Mission Hills, Inc.)
Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 8.061003, all money and non-callable U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 8.05, the “Trustee”) pursuant to Section 8.04 1204 in respect of the outstanding Notes Securities shall be held in trust and applied by the TrusteeTrustee (or other qualifying trustee), in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Trustee (or other qualifying trustee) may determine, to the Holders of such Notes Securities, of all sums due and to become due thereon in respect of principal, premium principal (and Additional Interestpremium, if any, ) and interest, but such money need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Trustee (or other qualifying trustee) against any tax, fee or other charge imposed on or assessed against the cash or non-callable U.S. Government Securities Obligations deposited pursuant to Section 8.04 1204 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding NotesOutstanding Securities. Notwithstanding anything Anything in this Article 8 Twelve to the contrarycontrary notwithstanding, the Trustee (or other qualifying trustee) shall deliver or pay to the Issuer Company from time to time upon the request of the Issuer Company Request any money or non-callable U.S. Government Securities obligations held by it as provided in Section 8.04 1204 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 8.04 hereofor other qualifying trustee), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.
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Samples: Indenture (Poindexter J B & Co Inc)
Other Miscellaneous Provisions. Subject to the provisions of the last ---------------------------------------- paragraph of Section 8.061003, all money and non-callable U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trusteetrustee-- collectively, collectively for purposes of this Section 8.051205, the “"Trustee”") pursuant to Section 8.04 1204 in respect of the outstanding Notes Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Notes Securities, of all sums due and to become due thereon in respect of principal, premium principal (and Additional Interestpremium, if any, ) and interest, but such money need not be segregated from other funds except to the extent required by law. The Issuer shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable U.S. Government Securities Obligations deposited pursuant to Section 8.04 1204 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding NotesOutstanding Securities. Notwithstanding anything Anything in this Article 8 Twelve to the contrarycontrary notwithstanding, the Trustee shall deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or non-callable U.S. Government Securities Obligations held by it as provided in Section 8.04 1204 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 8.04 hereof)Trustee, are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.
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Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 8.061003, all money and non-callable U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee--collectively, collectively for purposes of this Section 8.051205, the “"Trustee”") pursuant to Section 8.04 1204 in respect of the outstanding Notes Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Notes Securities, of all sums due and to become due thereon in respect of principal, premium principal (and Additional Interestpremium, if any, ) and interest, but such money need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable U.S. Government Securities Obligations deposited pursuant to Section 8.04 1204 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding NotesOutstanding Securities. Notwithstanding anything Anything in this Article 8 Twelve to the contrarycontrary notwithstanding, the Trustee shall deliver or pay to the Issuer Company from time to time upon the request of the Issuer Company Request any money or non-callable U.S. Government Securities Obligations held by it as provided in Section 8.04 1204 which, in the opinion of a nationally recognized accounting firm of independent public accountants expressed in a written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 8.04 hereof)Trustee, are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.
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Other Miscellaneous Provisions. Subject to --------------------------------------------------------------- Section 8.069.6, all money and non-callable U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 8.059.5, the “"Trustee”") pursuant to Section 8.04 9.4 in respect of the outstanding Notes Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as Paying Agent) as the Trustee may determine, to the Holders of such Notes Securities of all sums due and to become due thereon in respect of principal, premium and Additional Interestpremium, if any, and interestinterest (including Contingent Payments), but such money need not be segregated from other funds except to the extent required by law. The Issuer shall Company agrees to pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash U.S. Legal Tender or non-callable U.S. Government Securities Obligations deposited pursuant to Section 8.04 9.4 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding NotesSecurities. Notwithstanding anything Anything in this Article 8 IX to the contrarycontrary notwithstanding, the Trustee shall deliver or pay to the Issuer Company from time to time upon the request of the Issuer Company any money U.S. Legal Tender or non-callable U.S. Government Securities Obligations held by it as provided in Section 8.04 9.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 8.04 hereof9.4(a)), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
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Samples: Indenture (Jazz Casino Co LLC)
Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 8.064.03, all money and non-callable U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee (or such other qualifying trusteePerson that would qualify to act as successor trustee under Article 7, collectively and solely for purposes of this Section 8.0512.05, the “"Trustee”") pursuant to Section 8.04 12.04 in respect of the outstanding Defeased Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal, premium and Additional Interestpremium, if any, and interest, but such money need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Trustee and its agents and hold them harmless against any tax, fee or other charge imposed on or assessed against the cash or non-callable U.S. Government Securities Obligations deposited pursuant to Section 8.04 12.04 or the principal principal, premium, if any, and interest received in respect thereof thereof, other than any such tax, fee or other charge which that by law is for the account of the Holders of the outstanding Defeased Notes. Notwithstanding anything Anything in this Article 8 12 to the contrarycontrary notwithstanding, the Trustee shall deliver or pay to the Issuer Company from time to time upon the request of the Issuer Company Request any money or non-callable U.S. Government Securities Obligations held by it as provided in Section 8.04 which12.04 that, in the opinion of a nationally recognized accounting or investment banking firm of independent public accountants expressed in a written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 8.04 hereof)Trustee, are in excess of the amount thereof that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance. Subject to Article 7, the Trustee shall not incur any liability to any Person by relying on such opinion.
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Samples: Loan Agreement (Sirva Inc)