Common use of Principal Payments Prior to or on Purchase Contract Settlement Date Clause in Contracts

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08, and except as provided in Section 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the Pledged Senior Notes, (2) the Pledged Applicable Ownership Interests and (3) the Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent, the Collateral Agent shall invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notes, (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 6 contracts

Samples: Pledge Agreement (PNM Resources Inc), Pledge Agreement (Public Service Co of New Mexico), Pledge Agreement (Public Service Co of New Mexico)

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Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08Section 7.2, and except as provided in Section 3.03(bclause 3.3(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the [liquidation amount of Pledged Senior Notes, Preferred Securities or securities entitlements with respect thereto or (2) the Pledged Applicable Ownership Interests and (as specified in Clause (A) of the definition thereof) in the Treasury Portfolio, (3)] the principal amount with respect to the Pledged Notes or securities entitlements with respect thereto or (4) the principal amount of Pledged Treasury SecuritiesSecurities or securities entitlements with respect thereto, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 5.7 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent, the Collateral Agent shall invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notes, (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests. (b) All payments received by the Securities Intermediary of (1) the liquidation amount of Pledged Preferred Securities or securities entitlements with respect thereto, or (2) the Applicable Ownership Interests (as specified in Clause (A) of the definition thereof) in the Treasury Portfolio, or (3) the principal amount of Notes or securities entitlements with respect thereto or (4) the principal amount of Treasury Securities or securities entitlements with respect thereto, that, in each case, have been released from the Pledge shall be distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 5 contracts

Samples: Pledge Agreement (American Electric Power Co Inc), Pledge Agreement (American Electric Power Co Inc), Pledge Agreement (PPL Capital Funding Inc)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08Section 4.06, and except as provided in Section 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1i) the Pledged Senior Notes, (2ii) the Pledged Applicable Ownership Interests and (3iii) the Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.07 4.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral AgentSecurities Intermediary, the Collateral Agent shall instruct the Securities Intermediary to invest such payments in the Permitted Investments as described in clause (6vi) of the definition of Permitted Investments. In no event shall the Collateral Agent be liable for the selection of Permitted Investments or for investment losses incurred thereon. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1i) the Pledged Senior Notes, (2ii) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3iii) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 2 contracts

Samples: Pledge Agreement (Oneok Inc /New/), Pledge Agreement (Oneok Inc /New/)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08, and except Except as provided in Section 3.03(bclause 3.3(b) below, if no the Securities Intermediary and Collateral Agent have not received notice of a Termination Event shall have occurredEvent, all principal payments received by the Collateral Agent or the Securities Intermediary in respect of (1) the principal amount with respect to the Pledged Senior Notes, Notes or security entitlement with respect thereto (2) the principal amount with respect to the Pledged Applicable Ownership Interests and Treasury Portfolio Interest or security entitlement with respect thereto or (3) the principal amount with respect to Pledged Treasury SecuritiesSecurities or security entitlement with respect thereto, shall be held and invested at the written direction of the Company in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 5.8 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in whose names the Corporate PIES or Treasury PIES are registered at the close of business on the Record Date (as specified in the Purchase Contract Agreement) immediately preceding the date of such distribution in accordance with their respective interests, free and clear . Upon the request of the Pledge created thereby. The Securities Intermediary or the Collateral Agent, as applicable, the Company shall instruct the Securities Intermediary or the Collateral Agent in writing Agent, as applicable, as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on ), the day such payments are received by Securities Intermediary or the Collateral Agent, the Collateral Agent as applicable, shall invest such payments in the Permitted Investments as described in clause (6) 6 of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of Investments and identified by the Company to provide timely written investment directionin the Account Direction. (b) All principal payments received by the Collateral Agent or the Securities Intermediary in respect of (1) the principal amount with respect to the Pledged Senior Notes, Notes or security entitlement with respect thereto (2) the Applicable Ownership Interests (as specified in clause (i) of principal amount with respect to the definition thereof) in the Pledged Treasury Portfolio and Interest or security entitlement with respect thereto or (3) the principal amount of Pledged Treasury Securities or security entitlements thereto, entitlement with respect thereto that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent Agent, for the benefit of the applicable Holders for distribution Holders, to be distributed to such Holders in whose names the Corporate PIES or Treasury PIES are registered at the close of business on the Record Date (as specified in the Purchase Contract Agreement) immediately preceding the date of such distribution in accordance with their respective interests.

Appears in 2 contracts

Samples: Pledge Agreement (Sierra Pacific Resources /Nv/), Pledge Agreement (Sierra Pacific Resources /Nv/)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08, and except as provided in Section clause 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary Collateral Agent in respect of (1) the Pledged Senior Notes, (2) the Pledged Applicable Ownership Interests and (3) the Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent, the Collateral Agent shall invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. In no event shall the Collateral Agent be liable for the selection of Permitted Investments or for investment losses incurred thereon. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary Collateral Agent in respect of (1) the Senior Pledged Notes, (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 2 contracts

Samples: Pledge Agreement (Phoenix Companies Inc/De), Pledge Agreement (Phoenix Companies Inc/De)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 5.06, 5.08 and 5.087.03, and except as provided in Section clause 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect Collateral Agent of (1) the aggregate principal amount with respect to the Pledged Senior NotesNotes or security entitlements with respect thereto, (2) the Pledged Applicable Ownership Interests and (as specified in clause (A) of the definition thereof) of the aggregate principal amount of the Treasury Portfolio or (3) the principal amount of Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent), the Collateral Agent shall invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect Collateral Agent of (1) the Senior Notesaggregate principal amount with respect to the Pledged Notes or security entitlements with respect thereto, (2) the aggregate principal amount of the Applicable Ownership Interests (as specified in clause (iA) of the definition thereof) in of the Treasury Portfolio and Portfolio, or (3) the principal amount of Treasury Securities or security entitlements with respect thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 2 contracts

Samples: Pledge Agreement (Sempra Energy), Pledge Agreement (Apco Argentina Inc/New)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections Section 5.06 and 5.08, and except as provided in Section 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the Pledged Senior Notes, (2) the Pledged Applicable Ownership Interests and (3) the Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent, the Collateral Agent shall invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notes, (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 2 contracts

Samples: Pledge Agreement (Supervalu Inc), Pledge Agreement (Albertsons Inc /De/)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 Section 5.08 and 5.08Section 7.02, and except as provided in Section clause 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the liquidation amount with respect to the Pledged Senior NotesPreferred Securities or security entitlements with respect thereto, (2) the Pledged principal amount of Applicable Ownership Interests and (as specified in Clause (A) of the definition thereof) of the Treasury Portfolio, (3) the aggregate principal amount with respect to the Pledged [Subordinated] Notes or security entitlements with respect thereto or (4) the principal amount of Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear . Upon the request of the Pledge created thereby. The Securities Intermediary, the Company shall instruct the Collateral Agent in writing Securities Intermediary as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent), the Collateral Agent Securities Intermediary shall invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notesliquidation amount of Preferred Securities or security entitlements with respect thereto, (2) the Applicable Ownership Interests interests (as specified in clause Clause (iA) of the definition thereof) in of the Treasury Portfolio and Portfolio, (3) the aggregate principal amount with respect to the [Subordinated] Notes or security entitlements with respect thereto or (4) the principal amount of Treasury Securities or security entitlements with respect thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 2 contracts

Samples: Pledge Agreement (Cc Funding Trust Ii), Pledge Agreement (Cinergy Corp)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08Section 7.2, and except as provided in Section 3.03(bclause 3.3(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the principal amount with respect to the Pledged Senior NotesNotes or securities entitlements with respect thereto, (2) the Pledged Applicable Ownership Interests and (as specified in Clause (A) of the definition thereof) in the Treasury Portfolio, or (3) the principal amount of Pledged Treasury SecuritiesSecurities or securities entitlements with respect thereto, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 5.7 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent, the Collateral Agent shall invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notes, (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests. (b) All payments received by the Securities Intermediary of (1) the principal amount of Notes or securities entitlements with respect thereto, (2) the Applicable Ownership Interests (as specified in Clause (A) of the definition thereof) in the Treasury Portfolio, or (3) the principal amount of Treasury Securities or securities entitlements with respect thereto, that, in each case, have been released from the Pledge shall be distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 2 contracts

Samples: Pledge Agreement (PPL Energy Supply LLC), Pledge Agreement (PPL Capital Funding Inc)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08Section 5.06, and except as provided in Section 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the Pledged Senior Notes, (2) the Pledged Applicable Ownership Interests and (3) the Pledged Treasury Securities, Securities shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent, . In no event shall the Collateral Agent shall invest such payments in be liable for the selection of Permitted Investments as described in clause (6) of the definition of Permitted Investmentsor for investment losses incurred thereon. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Pledged Senior Notes, (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 2 contracts

Samples: Pledge Agreement (Pmi Group Inc), Pledge Agreement (Pmi Group Inc)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08, and except as provided in Section clause 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary Collateral Agent in respect of (1) the Pledged Senior Notes, (2) the Pledged Applicable Ownership Interests in the Treasury Portfolio and (3) the Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent, the Collateral Agent shall invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. In no event shall the Collateral Agent be liable for the selection of Permitted Investments or for investment losses incurred thereon. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary Collateral Agent in respect of (1) the Pledged Senior Notes, (2) the Applicable Ownership Interests in the Treasury Portfolio (as specified in clause (i) of the definition thereofof such term) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 2 contracts

Samples: Pledge Agreement (Hartford Financial Services Group Inc/De), Pledge Agreement (Hartford Financial Services Group Inc/De)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08, and except as provided in Section clause 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the Pledged Senior Notes, (2) the Pledged Applicable Ownership Interests and (3) the Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent, the Collateral Agent shall instruct the Securities Intermediary to invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. In no event shall the Collateral Agent be liable for the selection of Permitted Investments or for investment losses incurred thereon. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notes, (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Chubb Corp)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08Section 7.2, and except as provided in Section 3.03(bclause 3.3(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the liquidation amount with respect to the Pledged Senior NotesPreferred Securities or security entitlements thereto, (2) the Pledged Applicable Ownership Interests and (as specified in Clause (A) of the definition thereof) of the Treasury Portfolio, (3) the aggregate principal amount with respect to the Pledged Senior Deferrable Notes or security entitlements thereto or (4) the principal amount of Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 5.7 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear . Upon the request of the Pledge created thereby. The Securities Intermediary, the Company shall instruct the Collateral Agent in writing Securities Intermediary as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agentin a timely manner, the Collateral Agent Securities Intermediary shall invest such payments in the Permitted Investments as described in clause (6) 5 of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notesliquidation amount of Preferred Securities or security entitlements thereto, (2) the Applicable Ownership Interests interests (as specified in clause Clause (iA) of the definition thereof) in of the Treasury Portfolio and Portfolio, (3) the aggregate principal amount with respect to the Senior Deferrable Notes or security entitlements thereto or (4) the principal amount of Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.,

Appears in 1 contract

Samples: Pledge Agreement (Vec Trust Ii)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08Section 5.06, and except as provided in Section 3.03(bsubsection (b) belowof this Section, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary Collateral Agent in respect of (1) the Pledged Senior Notes, Notes or (2) the Pledged Applicable Ownership Interests and (3) the Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent, the Collateral Agent shall invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. In no event shall the Collateral Agent be liable for the selection of Permitted Investments or for investment losses incurred thereon. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary Collateral Agent in respect of (1) the Senior Notes, Pledged Notes and (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Teekay Shipping Corp)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 5.06, 5.08 and 5.087.03, and except as provided in Section clause 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect Collateral Agent of (1) the aggregate principal amount with respect to the Pledged Senior NotesNotes or security entitlements with respect thereto, (2) the Pledged Applicable Ownership Interests and or (3) the principal amount of Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent, the Collateral Agent shall invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect Collateral Agent of (1) the Senior Notesaggregate principal amount with respect to the Pledged Notes or security entitlements with respect thereto, (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in of the Treasury Portfolio and Portfolio, or (3) the principal amount of Treasury Securities or security entitlements with respect thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Keyspan Corp)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 5.06, 5.07 and 5.087.03, and except as provided in Section clause 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect Collateral Agent of (1) the aggregate principal amount with respect to the Pledged Senior NotesNotes or security entitlements with respect thereto, (2) the Pledged Applicable Ownership Interests and (as specified in clause (A) of the definition thereof) of the aggregate principal amount of the Treasury Portfolio, or (3) the principal amount of Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 5.06 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent), the Collateral Agent shall invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect Collateral Agent of (1) the Senior Notesaggregate principal amount with respect to the Pledged Notes or security entitlements with respect thereto, (2) the aggregate principal amount of the Applicable Ownership Interests (as specified in clause (iA) of the definition thereof) in of the Treasury Portfolio and Portfolio, or (3) the principal amount of Treasury Securities or security entitlements with respect thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Williams Companies Inc)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08Section 5.06, and except as provided in Section 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the Pledged Applicable Ownership Interests in Senior Notes, (2) the Pledged Applicable Ownership Interests in the Treasury Portfolio and (3) the Pledged Treasury Securities, shall shall, except as provided in Section 5.02(c), be held and invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral AgentSecurities Intermediary, the Collateral Agent shall instruct the Securities Intermediary to invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. In no event shall the Collateral Agent or the Securities Intermediary be liable for the selection of Permitted Investments or for investment losses incurred thereon. The Collateral Agent and the Securities Intermediary shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Pledged Applicable Ownership Interests in Senior Notes, (2) the Pledged Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio Portfolio, and (3) the Pledged Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Ambac Financial Group Inc)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08, and except as provided in Section clause 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the Pledged Senior Notes, (2) the Pledged Applicable Ownership Interests and (3) the Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company distributed on the Purchase Contract Settlement Date as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent, the Collateral Agent shall instruct the Securities Intermediary to invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. In no event shall the Collateral Agent be liable for the selection of Permitted Investments or for investment losses incurred thereon. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notes, (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Chubb Corp)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08Section 7.2, and except as provided in Section 3.03(bclause 3.3(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the liquidation amount with respect to the Pledged Senior NotesPreferred Securities or security entitlements with respect thereto, (2) the Pledged Applicable Ownership Interests and (as specified in Clause (A) of the definition thereof) of the Treasury Portfolio, (3) the aggregate principal amount with respect to the Pledged Subordinated Notes or security entitlements with respect thereto or (4) the principal amount of Pledged Treasury SecuritiesSecurities or security entitlements with respect thereto, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 5.7 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear . Upon the request of the Pledge created thereby. The Securities Intermediary, the Company shall instruct the Collateral Agent in writing Securities Intermediary as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent), the Collateral Agent Securities Intermediary shall invest such payments in the Permitted Investments as described in clause (6) 6 of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notesliquidation amount of Preferred Securities or security entitlements with respect thereto, (2) the Applicable Ownership Interests interests (as specified in clause Clause (iA) of the definition thereof) in of the Treasury Portfolio and Portfolio, (3) the aggregate principal amount with respect to the Subordinated Notes or security entitlements with respect thereto or (4) the principal amount of Treasury Securities or security entitlements with respect thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (PPL Corp)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 Section 5.02(a), Section 5.04(b)(ii) and 5.08Section 5.07, and except as provided in Section 3.03(b4.02(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the Pledged Senior Notes, (2) the Pledged Applicable Ownership Interests and (3) the Pledged Treasury Securities, shall be held and credited to the Collateral Account, to be invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.07 5.02 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders of record on the Purchase Contract Settlement Date for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created therebyhereby. The Company shall instruct the Collateral Agent in writing as to the type of specific Permitted Investments in which any payments made under this Section 3.03(a) 4.02 shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (a.m., New York City time) , on the day such payments are received by the Collateral AgentSecurities Intermediary, the Collateral Agent shall instruct the Securities Intermediary to invest such payments in the “Prime Money Market Fund” (a JPMorgan Chase Bank, N.A. money market fund) or, if such fund is not in existence, is not accepting investments or does not satisfy the requirements of clause (6) of the definition of Permitted Investments, in any case, on the date on which such payments are received by the Securities Intermediary, the “U.S. Government Money Market Fund” (a JPMorgan Chase Bank, N.A. money market fund) or, if such fund is not in existence, is not accepting investments or does not satisfy the requirements of clause (6) of the definition of Permitted Investments, in any case, on the date on which such payments are received by the Securities Intermediary, the “Treasury Plus Money Market Fund” (a JPMorgan Chase Bank, N.A. money market fund), or, if such fund is not in existence, is not accepting investments or does not satisfy the requirements of clause (6) of the definition of Permitted Investments, in any case, on the date on which such payments are received by the Securities Intermediary, one or more of money market funds that, on such date, satisfies the requirements of Permitted Investments as described in clause (6) of the definition of Permitted Investments. The In no event shall the Collateral Agent be liable for the selection of Permitted Investments or for investment losses incurred thereon. Neither Collateral Agent nor the Securities Intermediary shall have no any liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notes, (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Purchase Contract and Pledge Agreement (Southern Union Co)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08Section 7.2, and except as provided in Section 3.03(bclause 3.3(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the liquidation amount with respect to the Pledged Senior NotesPreferred Securities or security entitlements with respect thereto, (2) the Pledged Applicable Ownership Interests and (as specified in Clause (A) of the definition thereof) of the Treasury Portfolio, (3) the aggregate principal amount with respect to the Pledged Senior Deferrable Notes or security entitlements with respect thereto or (4) the principal amount of Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 5.7 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear . Upon the request of the Pledge created thereby. The Securities Intermediary, the Company shall instruct the Collateral Agent in writing Securities Intermediary as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent), the Collateral Agent Securities Intermediary shall invest such payments in the Permitted Investments as described in clause (6) 6 of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notesliquidation amount of Preferred Securities or security entitlements with respect thereto, (2) the Applicable Ownership Interests interests (as specified in clause Clause (iA) of the definition thereof) in of the Treasury Portfolio and Portfolio, (3) the aggregate principal amount with respect to the Senior Deferrable Notes or security entitlements with respect thereto or (4) the principal amount of Treasury Securities or security entitlements with respect thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Valero Energy Corp/Tx)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 5.06, 5.08 and 5.087.03, and except as provided in Section clause 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary Collateral Agent in respect of (1) the Pledged Senior NotesNotes or security entitlements with respect thereto, (2) the Pledged Applicable Ownership Interests and (3) the Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge any lien, pledge or security interest created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent, the Collateral Agent shall invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary Collateral Agent in respect of (1) the Pledged Senior NotesNotes or security entitlements with respect thereto, (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio Portfolio, and (3) the Treasury Securities or security entitlements with respect thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Hartford Financial Services Group Inc/De)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08, and except Except as provided in Section 3.03(bclause 3.3(b) below, if no the Securities Intermediary and Collateral Agent have not received notice of a Termination Event shall have occurredEvent, all principal payments received by the Collateral Agent or the Securities Intermediary in respect of (1) the principal amount with respect to the Pledged Senior Notes, Notes or security entitlement with respect thereto (2) the principal amount with respect to the Pledged Applicable Ownership Interests and Treasury Portfolio Interest or security entitlement with respect thereto or (3) the principal amount with respect to Pledged Treasury SecuritiesSecurities or security entitlement with respect thereto, shall be held and invested at the written direction of the Company in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 5.8 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in whose names the Corporate PIES or Treasury PIES are registered at the close of business on the Record Date (as specified in the Purchase Contract Agreement) immediately preceding the date of such distribution in accordance with their respective interests, free and clear . Upon the request of the Pledge created thereby. The Securities Intermediary or the Collateral Agent, as applicable, the Company shall instruct the Securities Intermediary or the Collateral Agent in writing Agent, as applicable, as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; provided, howeverPROVIDED, HOWEVER, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on ), the day such payments are received by Securities Intermediary or the Collateral Agent, the Collateral Agent as applicable, shall invest such payments in the Permitted Investments as described in clause (6) 6 of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of Investments and identified by the Company to provide timely written investment direction.in the Account Direction.. (b) All principal payments received by the Collateral Agent or the Securities Intermediary in respect of (1) the principal amount with respect to the Pledged Senior Notes, Notes or security entitlement with respect thereto (2) the Applicable Ownership Interests (as specified in clause (i) of principal amount with respect to the definition thereof) in the Pledged Treasury Portfolio and Interest or security entitlement with respect thereto or (3) the principal amount of Pledged Treasury Securities or security entitlements thereto, entitlement with respect thereto that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent Agent, for the benefit of the applicable Holders for distribution Holders, to be distributed to such Holders in whose names the Corporate PIES or Treasury PIES are registered at the close of business on the Record Date (as specified in the Purchase Contract Agreement) immediately preceding the date of such distribution in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Sierra Pacific Resources)

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Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08Section 5.07, and except as provided in Section clause 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the aggregate principal amount with respect to the Pledged Senior Notes[Subordinated] Notes or security entitlements with respect thereto, (2) the Pledged principal amount of Applicable Ownership Interests and (as specified in Clause (A) of the definition thereof) of the Treasury Portfolio, or (3) the principal amount of Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 5.06 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear . Upon the request of the Pledge created thereby. The Securities Intermediary, the Company shall instruct the Collateral Agent in writing Securities Intermediary as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent), the Collateral Agent Securities Intermediary shall invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notesaggregate principal amount with respect to the Pledged [Subordinated] Notes or security entitlements with respect thereto, (2) the Applicable Ownership Interests interests (as specified in clause Clause (iA) of the definition thereof) in of the Treasury Portfolio and Portfolio, or (3) the principal amount of Treasury Securities or security entitlements with respect thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (El Paso Capital Trust Ii)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08, and except as provided in Section clause 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary Collateral Agent in respect of (1) the Pledged Senior Notes, (2) the Pledged Applicable Ownership Interests and (3) the Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent, the Collateral Agent shall invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. In no event shall the Collateral Agent be liable for the selection of Permitted Investments or for investment losses incurred thereon. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary Collateral Agent in respect of (1) the Pledged Senior Notes, (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Hartford Financial Services Group Inc/De)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08, and except Except as provided in Section 3.03(bclause 3.3(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) an amount equal to 100% of the aggregate principal amount with respect to the Pledged Senior Notes, Notes or security entitlements with respect thereto or (2) the Pledged Applicable Ownership Interests and (3) the principal amount of Pledged Treasury SecuritiesSecurities or security entitlements with respect thereto, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 5.7 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear . Upon the request of the Pledge created thereby. The Securities Intermediary, the Company shall instruct the Collateral Agent in writing Securities Intermediary as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent), the Collateral Agent Securities Intermediary shall invest such payments Cash in the Permitted Investments as described cash escrow product referred to in clause (62) of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) an amount equal to 100% of the Senior Notes, aggregate principal amount with respect to the Notes or security entitlements with respect thereto or (2) the Applicable Ownership Interests (as specified in clause (i) principal amount of the definition thereof) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements with respect thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Pp&l Capital Funding Inc)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 5.06, 5.08 and 5.087.04, and except as provided in Section 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect Collateral Agent of (1) the aggregate liquidation amount with respect to the Pledged Senior NotesPreferred Securities or security entitlements with respect thereto, (2) the Pledged Applicable Ownership Interests and (as specified in clause (A) of the definition thereof) of the aggregate principal amount of the Treasury Portfolio, (3) the aggregate principal amount with respect to the Pledged Notes or security entitlements with respect thereto or (4) the principal amount of Pledged Treasury Securities, shall be held and invested by the Collateral Agent in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent), the Collateral Agent shall invest such payments in the Permitted Investments as described in clause (67) of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect Collateral Agent of (1) the Senior Notesaggregate liquidation amount of Preferred Securities or security entitlements with respect thereto, (2) the Applicable Ownership Interests (as specified in clause (iA) of the definition thereof) in of the aggregate principal amount of the Treasury Portfolio and Portfolio, (3) the aggregate principal amount with respect to the Notes or security entitlements with respect thereto or (4) the principal amount of Treasury Securities or security entitlements with respect thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Public Service Enterprise Group Inc)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08Section 7.2, and except as provided in Section 3.03(bclause 3.3(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the liquidation amount with respect to the Pledged Senior NotesPreferred Securities or security entitlements thereto, (2) the Pledged Applicable Ownership Interests and interests (as specified in Clause (A) of the definition thereof) of the Treasury Portfolio, (3) the aggregate principal amount with respect to the Pledged Senior Deferrable Notes or security entitlements thereto or (4) the principal amount of Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 5.7 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent, the Collateral Agent shall invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notes, (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests. (b) All payments received by the Securities Intermediary of (1) the liquidation amount of Preferred Securities or security entitlements thereto, (2) Applicable Ownership interests (as specified in Clause (A) of the definition thereof) of the Treasury Portfolio, (3) the aggregate principal amount with respect to the Pledged Senior Deferrable Notes or security entitlements thereto or (4) the principal amount of Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge shall be distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Ucu Capital Trust I)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08Section 7.2, and except as provided in Section 3.03(bclause 3.3(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the liquidation or redemption amount with respect to the Pledged Senior NotesPreferred Securities or security entitlements with respect thereto, (2) the Pledged Applicable Ownership Interests and (as specified in Clause (A) of the definition thereof) of the Treasury Portfolio, (3) the aggregate principal amount or redemption amount with respect to the Pledged Subordinated Deferrable Notes or security entitlements with respect thereto or (4) the principal amount of Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 5.7 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear . Upon the request of the Pledge created thereby. The Securities Intermediary, the Company shall instruct the Collateral Agent in writing Securities Intermediary as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent), the Collateral Agent Securities Intermediary shall invest such payments in the Permitted Investments as described in clause (6) 6 of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notesliquidation or redemption amount of Preferred Securities or security entitlements with respect thereto, (2) the Applicable Ownership Interests interests (as specified in clause Clause (iA) of the definition thereof) in of the Treasury Portfolio and Portfolio, (3) the aggregate principal amount or redemption amount with respect to the Subordinated Deferrable Notes or security entitlements with respect thereto or (4) the principal amount of Treasury Securities or security entitlements with respect thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (CMS Energy Corp)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 Section 5.02(a), Section 5.04(b)(ii) and 5.08Section 5.07, and except as provided in Section 3.03(b4.02(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the principal amount of Notes underlying Pledged Senior Applicable Ownership Interests in Notes, (2) the Pledged Applicable Ownership Interests in the Treasury Portfolio and (3) the Pledged Treasury Securities, shall be held and credited to the Collateral Account, to be invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.07 5.02 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders of record on the Purchase Contract Settlement Date for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created therebyhereby. The Company shall instruct the Collateral Agent in writing as to the type of specific Permitted Investments in which any payments made under this Section 3.03(a) 4.02 shall be invested; provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (a.m., New York City time) , on the day such payments are received by the Collateral AgentSecurities Intermediary, the Collateral Agent shall instruct the Securities Intermediary to invest such payments in the Permitted Investments as of the type described in clause (6) of the definition of Permitted InvestmentsInvestments which have been designated by the Company in writing from time to time in a standing instruction to the Securities Intermediary which shall be effective until revoked or superseded. The In no event shall the Collateral Agent be liable for the selection of Permitted Investments or for investment losses incurred thereon. Neither the Collateral Agent nor the Securities Intermediary shall have no any liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notes, (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Purchase Contract and Pledge Agreement (Legg Mason Inc)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08Section 7.2, and except as provided in Section 3.03(bclause 3.3(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the liquidation amount with respect to the Pledged Senior NotesPreferred Securities or security entitlements thereto, (2) the Pledged Applicable Ownership Interests and (as specified in Clause (A) of the definition thereof) of the Treasury Portfolio, (3) the aggregate principal amount with respect to the Pledged Senior Deferrable Notes or security entitlements thereto or (4) the principal amount of Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 5.7 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear . Upon the request of the Pledge created thereby. The Securities Intermediary, the Company shall instruct the Collateral Agent in writing Securities Intermediary as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agentin a timely manner, the Collateral Agent Securities Intermediary shall invest such payments in the Permitted Investments as described in clause (6) 5 of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notesliquidation amount of Preferred Securities or security entitlements thereto, (2) the Applicable Ownership Interests interests (as specified in clause Clause (iA) of the definition thereof) in of the Treasury Portfolio and Portfolio, (3) the aggregate principal amount with respect to the Senior Deferrable Notes or security entitlements thereto or (4) the principal amount of Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Valero Energy Corp/Tx)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08Section 4.06, and except as provided in Section 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1i) the Pledged Senior Subordinated Notes, (2ii) the Pledged Applicable Ownership Interests and (3iii) the Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.07 4.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral AgentSecurities Intermediary, the Collateral Agent shall instruct the Securities Intermediary to invest such payments in the Permitted Investments as described in clause (6vi) of the definition of Permitted Investments. In no event shall the Collateral Agent be liable for the selection of Permitted Investments or for investment losses incurred thereon. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1i) the Senior Pledged Subordinated Notes, (2ii) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3iii) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Oneok Inc /New/)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08Section 5.06, and except as provided in Section 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the Pledged Senior Notes, (2) the Pledged Applicable Ownership Interests and (3) the Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral AgentSecurities Intermediary, the Collateral Agent shall instruct the Securities Intermediary to invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. In no event shall the Collateral Agent be liable for the selection of Permitted Investments or for investment losses incurred thereon. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Pledged Senior Notes, (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Baxter International Inc)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 Section 5.02(a), Section 5.04(b)(ii) and 5.08Section 5.07, and except as provided in Section 3.03(b4.02(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the principal amount of Notes underlying Pledged Senior Applicable Ownership Interests in Notes, (2) the Pledged Applicable Ownership Interests in the Treasury Portfolio and (3) the Pledged Treasury Securities, shall be held and credited to the Collateral Account, to be invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.07 5.02 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders of record on the Purchase Contract Settlement Date for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created therebyhereby. The Company shall instruct the Collateral Agent in writing as to the type of specific Permitted Investments in which any payments made under this Section 3.03(a) 4.02 shall be invested; provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (a.m., New York City time) , on the day such payments are received by the Collateral AgentSecurities Intermediary, the Collateral Agent shall instruct the Securities Intermediary to invest such payments in the Permitted Investments as of the type described in clause (6vi) of the definition of Permitted InvestmentsInvestments which have been designated by the Company in writing from time to time in a standing instruction to the Securities Intermediary which shall be effective until revoked or superseded. The In no event shall the Collateral Agent be liable for the selection of Permitted Investments or for investment losses incurred thereon. Neither the Collateral Agent nor the Securities Intermediary shall have no any liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notes, (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements with respect thereto, that, in each case, have been released from the Pledge pursuant hereto hereunder shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Purchase Contract and Pledge Agreement (Assured Guaranty LTD)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 Section 5.08 and 5.08Section 7.02 , and except as provided in Section 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect Collateral Agent of (1) the liquidation amount with respect to the Pledged Senior NotesPreferred Securities or security entitlements with respect thereto, (2) the Pledged Applicable Ownership Interests and (as specified in clause (A) of the definition thereof) of the aggregate principal amount of the Treasury Portfolio, (3) the aggregate principal amount with respect to the Pledged Notes or security entitlements with respect thereto or (4) the principal amount of Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent), the Collateral Agent shall invest such payments in the Permitted Investments as described in clause (67) of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect Collateral Agent of (1) the Senior Notesliquidation amount of Preferred Securities or security entitlements with respect thereto, (2) the Applicable Ownership Interests (as specified in clause (iA) of the definition thereof) in of the aggregate principal amount of the Treasury Portfolio and Portfolio, (3) the aggregate principal amount with respect to the Notes or security entitlements with respect thereto or (4) the principal amount of Treasury Securities or security entitlements with respect thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Cinergy Corp)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 Section 5.07 and 5.08Section ?, and except as provided in Section clause 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the aggregate principal amount with respect to the Pledged Senior Notes[Subordinated] Notes or security entitlements with respect thereto, (2) the Pledged principal amount of Applicable Ownership Interests and (as specified in Clause (A) of the definition thereof) of the Treasury Portfolio, or (3) the principal amount of Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 5.06 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear . Upon the request of the Pledge created thereby. The Securities Intermediary, the Company shall instruct the Collateral Agent in writing Securities Intermediary as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent), the Collateral Agent Securities Intermediary shall invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Senior Notesaggregate principal amount with respect to the Pledged [Subordinated] Notes or security entitlements with respect thereto, (2) the Applicable Ownership Interests interests (as specified in clause Clause (iA) of the definition thereof) in of the Treasury Portfolio and Portfolio, or (3) the principal amount of Treasury Securities or security entitlements with respect thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Williams Companies Inc)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08, and except Except as provided in Section 3.03(bclause 3.3(b) below, if no the Securities Intermediary and Collateral Agent have not received notice of a Termination Event shall have occurredEvent, all principal payments received by the Collateral Agent or the Securities Intermediary in respect of (1) the principal amount with respect to the Pledged Senior Notes, Notes or security entitlement with respect thereto (2) the principal amount with respect to the Pledged Applicable Ownership Interests and Treasury Portfolio Interest or security entitlement with respect thereto or (3) the principal amount with respect to Pledged Treasury SecuritiesSecurities or security entitlement with respect thereto, shall be held and invested at the written direction of the Company in Permitted Investments until the Purchase Contract Settlement Date, Date and transferred to the Company on the Purchase Contract Settlement Date distributed to the Company as provided in Section 5.07 5.8 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred distributed to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in whose names the Corporate PIES or Treasury PIES are registered at the close of business on the Record Date (as specified in the Purchase Contract Agreement) immediately preceding the date of such distribution in accordance with their respective interests, free and clear . Upon the request of the Pledge created thereby. The Securities Intermediary or the Collateral Agent, as applicable, the Company shall instruct the Securities Intermediary or the Collateral Agent in writing Agent, as applicable, as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on ), the day such payments are received by Securities Intermediary or the Collateral Agent, the Collateral Agent as applicable, shall invest such payments in the Permitted Investments as described in clause (6) 6 of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Collateral Agent or the Securities Intermediary in respect of (1) the principal amount with respect to the Pledged Senior Notes, Notes or security entitlement with respect thereto (2) the Applicable Ownership Interests (as specified in clause (i) of principal amount with respect to the definition thereof) in the Pledged Treasury Portfolio and Interest or security entitlement with respect thereto or (3) the principal amount of Pledged Treasury Securities or security entitlements thereto, entitlement with respect thereto that, in each case, have been released from the Pledge pursuant hereto shall be transferred distributed to the Purchase Contract Agent Agent, for the benefit of the applicable Holders for distribution Holders, to be distributed to such Holders in whose names the Corporate PIES or Treasury PIES are registered at the close of business on the Record Date (as specified in the Purchase Contract Agreement) immediately preceding the date of such distribution in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Sierra Pacific Resources Capital Trust Ii)

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Sections 5.06 and 5.08Section 5.06, and except as provided in Section 3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the Pledged Senior Notes, (2) the Pledged Applicable Ownership Interests and (3) the Pledged Treasury Securities, shall be held and invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created thereby. The Company shall instruct the Collateral Agent in writing as to the type of Permitted Investments in which any payments made under this Section 3.03(a) shall be invested; provided, however, that if the Company fails to deliver such instructions by 10:30 a.m. (New York City time) on the day such payments are received by the Collateral Agent, the Collateral Agent shall invest such payments in the Permitted Investments as described in clause (6) of the definition of Permitted Investments. The Collateral Agent shall have no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction. (b) All principal payments received by the Securities Intermediary in respect of (1) the Pledged Senior Notes, (2) the Applicable Ownership Interests (as specified in clause (i) of the definition thereof) in the Treasury Portfolio and (3) the Treasury Securities or security entitlements thereto, that, in each case, have been released from the Pledge pursuant hereto shall be transferred to the Purchase Contract Agent for the benefit of the applicable Holders for distribution to such Holders in accordance with their respective interests.

Appears in 1 contract

Samples: Pledge Agreement (Pmi Group Inc)

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