Paying Agent to Hold Money and Securities in Trust. Except as otherwise provided herein, by no later than 10 a.m., New York City time, on or prior to each due date of payments in respect of any Security, the Company shall deposit with the Paying Agent a sum of money (in immediately available funds if deposited on the due date) or Common Stock sufficient to make such payments when so becoming due. The Company shall require each Paying Agent (other than the Trustee) to agree in writing that the Paying Agent shall hold in trust for the benefit of Securityholders or the Trustee all money and Common Stock held by the Paying Agent for the making of payments in respect of the Securities and shall notify the Trustee of any default by the Company in making any such payment. At any time during the continuance of any such default, the Paying Agent shall, upon the written request of the Trustee, forthwith pay to the Trustee all money and Common Stock so held in trust. If the Company, a Subsidiary or an Affiliate of either of them acts as Paying Agent, it shall segregate the money and Common Stock held by it as Paying Agent and hold it as a separate trust fund. The Company at any time may require a Paying Agent to pay all money and Common Stock held by it to the Trustee and to account for any funds and Common Stock disbursed by it. Upon doing so, the Paying Agent shall have no further liability for the money or Common Stock.
Appears in 1 contract
Samples: Indenture (Franklin Resources Inc)
Paying Agent to Hold Money and Securities in Trust. Except In accordance with Section 4.05 and except as otherwise provided herein, by no later than 10 a.m., New York City time, on or prior to or on each due date of payments in respect of any Security, the Company shall deposit with the Paying Agent a sum of money (in immediately available funds or, if deposited on permitted by the due date) or terms hereof, Common Stock sufficient to make such payments when so becoming due. The Company shall require each Paying Agent (other than the Trustee) to agree in writing that the Paying Agent shall hold in trust for the benefit of Securityholders or the Trustee all money and Common Stock held by the Paying Agent for the making of payments in respect of the Securities and shall notify the Trustee of any default by the Company in making any such payment. At any time during the continuance of any such defaultdefault by the Company in making any payments in respect of the Securities, the Paying Agent shall, upon the written request of the Trustee, forthwith pay to the Trustee all money and Common Stock so held in trust. If the Company, a Subsidiary or an Affiliate of either of them acts as Paying Agent, it shall segregate the money and Common Stock held by it as Paying Agent and hold it as a separate trust fund. The Company at any time may require a Paying Agent to pay all money and Common Stock held by it to the Trustee and to account for any funds money and Common Stock disbursed by it. Upon doing so, the Paying Agent shall have no further liability for the money or and Common Stock.
Appears in 1 contract
Samples: Indenture (Brightpoint Inc)
Paying Agent to Hold Money and Securities in Trust. Except In accordance with Section 4.05 and except as otherwise provided herein, by no later than 10 a.m., New York City time, on or prior to or on each due date of for payments in respect of any Security, the Company shall deposit with the Paying Agent a sum of money (in immediately available funds or, if deposited on permitted by the due date) or Common Stock terms hereof, securities sufficient to make such payments when so becoming due. The Company shall require each the Paying Agent (if other than the Trustee) to agree in writing that the such Paying Agent shall hold in trust for the benefit of Securityholders or the Trustee all money and Common Stock securities held by the such Paying Agent for the making of payments in respect of the Securities and shall promptly notify the Trustee of any default by the Company in making any such payment. At any time during the continuance of any such defaultdefault by the Company in making any payments in respect of the Securities, the each Paying Agent shall, upon the written request of the Trustee, forthwith pay to the Trustee all money and Common Stock securities so held in trust. If the Company, a Subsidiary or an Affiliate of either of them acts as the Paying Agent, it shall segregate the money and Common Stock securities held by it as such Paying Agent and hold it as a separate trust fund. The Company at any time may require a Paying Agent to pay all money and Common Stock securities held by it to the Trustee and to account for any funds money and Common Stock securities disbursed by it. Upon doing so, the such Paying Agent shall have no further liability for the such money or Common Stockand securities.
Appears in 1 contract
Samples: Indenture (Netease Com Inc)
Paying Agent to Hold Money and Securities in Trust. Except as otherwise provided herein, by no later than 10 a.m., New York City time, on or prior to each due date of payments payment in respect of any Security, the Company shall deposit with the Paying Agent a sum of money (in immediately available funds if deposited on the due date) or Common Stock or, as permitted by this Indenture, a combination thereof, sufficient to make such payments when so becoming due. The Company shall require each Paying Agent (other than the Trustee) to agree in writing that the Paying Agent shall hold in trust for the benefit of Securityholders Holders or the Trustee all money and Common Stock held by the Paying Agent for the making of payments in respect of the Securities and shall notify the Trustee of any default by the Company in making any such payment. At any time during the continuance of any such default, the Paying Agent (if not the Trustee) shall, upon the written request of the Trustee, forthwith pay to the Trustee all money and Common Stock so held in trust. If the Company, Company or a Wholly Owned Subsidiary or an Affiliate of either of them acts as Paying Agent, it shall segregate the money and Common Stock held by it as Paying Agent and hold it as a separate trust fund. The Company at any time may require a Paying Agent to pay all money and Common Stock held by it to the Trustee and to account for any funds and Common Stock disbursed by itthe Paying Agent. Upon doing socomplying with this Section 2.04, the Paying Agent shall have no further liability for the money or Common Stockdelivered to the Trustee.
Appears in 1 contract
Samples: Indenture (Saks Inc)
Paying Agent to Hold Money and Securities in Trust. Except In --------------------------------------------------- accordance with Section 4.05 and except as otherwise provided herein, by no later than 10 a.m., New York City time, on or prior to or on each due date of payments in respect of any Security, the Company shall deposit with the Paying Agent a sum of money (in immediately available funds or, if deposited on permitted by the due date) or Common Stock terms hereof, securities sufficient to make such payments when so becoming due. The Company shall require each Paying Agent (other than the Trustee) to agree in writing that the Paying Agent shall hold in trust for the benefit of Securityholders or the Trustee all money and Common Stock securities held by the Paying Agent for the making of payments in respect of the Securities and shall notify the Trustee of any default by the Company in making any such payment. At any time during the continuance of any such defaultdefault by the Company in making any payments in respect of the Securities, the Paying Agent shall, upon the written request of the Trustee, forthwith pay to the Trustee all money and Common Stock securities so held in trust. If the Company, a Subsidiary or an Affiliate of either of them acts as Paying Agent, it shall segregate the money and Common Stock securities held by it as Paying Agent and hold it as a separate trust fund. The Company at any time may require a Paying Agent to pay all money and Common Stock securities held by it to the Trustee and to account for any funds money and Common Stock securities disbursed by it. Upon doing so, the Paying Agent shall have no further liability for the money or Common Stockand securities.
Appears in 1 contract
Samples: Indenture (Merrill Lynch & Co Inc)