Common use of Reinstatement of Company's Obligations Clause in Contracts

Reinstatement of Company's Obligations. If the Trustee is unable to apply any funds or U.S. Government Obligations in accordance with Section 3.8 or 10.1 by reason of any legal proceeding, or by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, the Company's obligations under this Indenture and the Securities of any Series for which such application is prohibited shall be revived and reinstated as if no deposit had occurred pursuant to Section 3.8 or 10.1 until such time as the Trustee is permitted to apply all such funds or U.S. Government Obligations in accordance with Section 3.8 or 10.1; provided, however, that if the Company has made any payment of interest on or principal of any of such Securities or Coupons because of the reinstatement of its obligations, the Company shall be subrogated to the rights of the Securityholders of such Securities to receive such payment from the funds or U.S. Government Obligations held by the Trustee.

Appears in 4 contracts

Samples: Indenture (Enhance Financial Services Group Inc), Indenture (Enhance Financial Services Group Inc), Indenture (Enhance Financial Services Group Inc)

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Reinstatement of Company's Obligations. If the Trustee is unable to apply any funds or U.S. Government Obligations in accordance with Section 3.8 or 10.1 by reason of any legal proceeding, proceeding or by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, the Company's obligations under this Indenture and the Securities of any Series for which such application is prohibited shall be revived and reinstated as if no deposit had occurred pursuant to Section 3.8 or 10.1 until such time as the Trustee is permitted to apply all such funds or U.S. Government Obligations in accordance with Section 3.8 or 10.1; provided, however, that if the Company has made any payment of interest on or principal of any of such Securities or Coupons because of the reinstatement of its obligations, the Company shall be subrogated to the rights of the Securityholders of such Securities to receive such payment from the funds or U.S. Government Obligations held by the Trustee.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Cna Financial Corp)

Reinstatement of Company's Obligations. If the Trustee is unable to apply any funds or U.S. Government Obligations in accordance with Section 3.8 3.11 or 10.1 by reason of any legal proceeding, proceeding or by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, the Company's obligations under this Indenture and the Securities of any Series for which such application is prohibited shall be revived and reinstated as if no deposit had occurred pursuant to Section 3.8 3.11 or 10.1 until such time as the Trustee is permitted to apply all such funds or U.S. Government Obligations in accordance with Section 3.8 3.11 or 10.1; provided, however, that if the Company has made any payment of interest on or principal of any of such Securities or Coupons because of the reinstatement of its obligations, the Company shall be subrogated to the rights of the Securityholders of such Securities to receive such payment from the funds or U.S. Government Obligations held by the Trustee.

Appears in 1 contract

Samples: Indenture (Cna Financial Corp)

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Reinstatement of Company's Obligations. If the Trustee or Paying Agent is unable to apply any funds or money, U.S. Government Obligations or Eligible Obligations in accordance with Section 3.8 or 10.1 8.2 by reason of any legal proceeding, proceeding or by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, the Company's obligations under this Indenture and the Securities of any Series for which such application is prohibited the applicable series shall be revived and reinstated as if though no deposit had occurred pursuant to Section 3.8 or 10.1 8.2 until such time as the Trustee or Paying Agent is permitted to apply all such funds or money, U.S. Government Obligations or Eligible Obligations in accordance with Section 3.8 or 10.18.2; provided, however, that if the Company has made any payment of interest on on, Additional Amounts payable with respect to or principal of any of such Securities or Coupons because of the reinstatement of its obligations, the Company shall be subrogated to the rights of the Securityholders Holders of such Securities to receive such payment from the funds or money, U.S. Government Obligations or Eligible Obligations held by the TrusteeTrustee or Paying Agent.

Appears in 1 contract

Samples: Indenture (Kellwood Co)

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