Repayment of Moneys Held by Trustee. The Trustee shall promptly pay to the Company upon written request any excess money or securities held by it at any time, provided that the Trustee shall in no event be required to deliver any excess cash or securities if an Event of Default under Section 6.01(h) or 6.01(i) (or an event that after notice or lapse of time, or both, would become an Event of Default) shall have occurred during such period and be continuing. Any moneys deposited with the Trustee or any paying agent for the payment of the principal of, or premium, if any, Change of Control Purchase Price, Asset Sale Purchase Price or interest on, any Notes and not applied but remaining unclaimed by the holders of Notes for two years after the date upon which such payment shall have become due, shall be promptly repaid (together with any interest earned thereon) to the Company by the Trustee or by such paying agent; and thereupon the Trustee and such paying agent shall be released from all further liability with respect to such moneys, and the holder of any of the Notes entitled to receive such payment shall thereafter look only to the Company for the payment thereof; provided, however, that the Trustee or such paying agent, before being required to make any such repayment, may, at the expense of the Company, mail to the holders of Notes at their last known address or cause to be published once in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the Borough of Manhattan, City of New York, State of New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days after the date of such mailing or publication, any unclaimed balance of such money then remaining will be paid to the Company.
Appears in 1 contract
Samples: Indenture (Goldendale Aluminum Co)
Repayment of Moneys Held by Trustee. The Trustee shall promptly pay to the Company upon written request any excess money or securities held by it at any time, provided that the Trustee shall in no event be required to deliver any excess cash or securities if an Event of Default under Section 6.01(h) or 6.01(i) (or an event that after notice or lapse of time, or both, would become an Event of Default) shall have occurred during such period and be continuing. Any moneys deposited with the Trustee or any paying agent Paying Agent for the payment of the principal of, of or premium, if any, Change any interest on any Securities of Control Purchase Price, Asset Sale Purchase Price or interest on, any Notes series and not applied but remaining unclaimed by the holders of Notes Securities of such series for two years after the date upon which such payment shall have become duedue and payable, shall shall, at the request of the Company, be promptly repaid (together with any interest earned thereon) to the Company by the Trustee or by such paying agentPaying Agent; and thereupon the Trustee and such paying agent shall be released from all further liability with respect to such moneys, and the holder of any of the Notes Securities of such series entitled to receive such payment shall thereafter look only to the Company for the payment thereof; provided, however, that the Trustee or such paying agentPaying Agent, before being required to make any such repayment, may, may at the expense of the Company, mail to the holders of Notes at their last known address or Company cause to be published once a week for two successive weeks (in a newspaper published each case on any day of the week) in an Authorized Newspaper, or mailed to the English language, customarily published on each Business Day and of general circulation in the Borough of Manhattan, City of New York, State of New Yorkregistered holders thereof, a notice that such money remains unclaimed said moneys have not been so applied and that, that after a date specified therein, which shall not be less than 30 days after the date of such mailing or publication, named therein any unclaimed balance of such said money then remaining will be paid returned to the Company.
Section 13.01. Incorporators, Stockholders, Officers, Directors and Employees of Company and Parent Guarantor Exempt from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer, director or employee, as such, past, present or future, of the Company or the Parent Guarantor, or of any successor corporation, either directly or through the Company or the Parent Guarantor, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise, it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers, directors or employees, as such, of the Company or the Parent Guarantor or any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against every such incorporator, stockholder, officer, director or employee, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom are hereby expressly waived and released as a condition of and as a consideration for, the execution of this Indenture and the issue of such Securities.
Appears in 1 contract
Samples: Indenture (Aon Corp)
Repayment of Moneys Held by Trustee. The Trustee shall promptly pay to the Company upon written request any excess money or securities held by it at any time, provided that the Trustee shall in no event be required to deliver any excess cash or securities if an Event of Default under Section 6.01(h) or 6.01(i) (or an event that after notice or lapse of time, or both, would become an Event of Default) shall have occurred during such period and be continuing. Any moneys deposited with the Trustee or any paying agent for the payment of the principal of, or of (and premium, if any, Change of Control Purchase Price, Asset Sale Purchase Price ) or interest on, on any Notes Securities of any series and not applied but remaining unclaimed by the holders Holders of Notes Securities of that series for two years after the date upon which the principal of (and premium, if any) or interest on such payment Securities shall have become duedue and payable, shall be promptly repaid (together with any interest earned thereon) to the Company by the Trustee or by such paying agent; and thereupon the Trustee and such paying agent shall be released from all further liability with respect to such moneys, by Company Direction; and the holder Holders of any of the Notes Securities of that series entitled to receive such Such payment shall thereafter look only to the Company for the payment thereofthereof and all liability of the Trustee or such paying agent with respect to such moneys shall thereupon cease; provided, however, that the Trustee or such paying agent, before being required to make any such repayment, may, may at the expense of the Company, mail to the holders of Notes at their last known address or Company cause to be published once a week for two successive weeks (in a newspaper published each case on any day of the week) in the English language, customarily published on each Business Day and of general circulation in the Borough of Manhattan, City of New York, State of New Yorkan Authorized Newspaper, a notice that such money remains unclaimed moneys have not been so applied and that, that after a date specified therein, which shall not be less than 30 days after the date of such mailing or publication, named therein any unclaimed balance of such money said moneys then remaining will be paid returned to the Company. SECTION 13.01. INCORPORATORS, STOCKHOLDERS, OFFICERS, DIRECTORS AND EMPLOYEES OF COMPANY EXEMPT FROM INDIVIDUAL LIABILITY. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer, director or employee, as such, past, present or future, of the Company or of any successor corporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers, directors or employees, as such, of the Company or of any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability, either at common law or on equity or by constitution or statute of, and any and all such rights and claims against, every such incorporator, stockholder, officer, director or employee, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution and delivery of this Indenture and the issue of Securities hereunder.
Appears in 1 contract
Samples: Indenture (Ingredion Inc)
Repayment of Moneys Held by Trustee. The Trustee shall promptly pay to the Company upon written request any excess money or securities held by it at any time, provided that the Trustee shall in no event be required to deliver any excess cash or securities if an Event of Default under Section 6.01(h) or 6.01(i) (or an event that after notice or lapse of time, or both, would become an Event of Default) shall have occurred during such period and be continuing. Any moneys deposited with the Trustee or any paying agent Paying Agent for the payment of the principal of, of or premium, if any, Change any interest on any Securities of Control Purchase Price, Asset Sale Purchase Price or interest on, any Notes series and not applied but remaining unclaimed by the holders of Notes Securities of such series for two years after the date upon which such payment shall have become duedue and payable, shall shall, at the request of the Company, be promptly repaid (together with any interest earned thereon) to the Company by the Trustee or by such paying agent; and thereupon the Trustee and such paying agent shall be released from all further liability with respect to such moneys, Paying Agent; and the holder of any of the Notes Securities of such series entitled to receive such payment shall thereafter look only to the Company for the payment thereof; thereof; provided, however, that the Trustee or such paying agentPaying Agent, before being required to make any such repayment, may, may at the expense of the Company, mail to the holders of Notes at their last known address or Company cause to be published once a week for two successive weeks (in a newspaper published each case on any day of the week) in an Authorized Newspaper, or mailed to the English language, customarily published on each Business Day and of general circulation in the Borough of Manhattan, City of New York, State of New Yorkregistered holders thereof, a notice that such money remains unclaimed said moneys have not been so applied and that, that after a date specified therein, which shall not be less than 30 days after the date of such mailing or publication, named therein any unclaimed balance of such said money then remaining will be paid returned to the Company. Section 13.01. Incorporators, Stockholders, Officers, Directors and Employees of Company and Guarantors Exempt from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer, director or employee, as such, past, present or future, of the Company or the Guarantors, or of any successor corporation, either directly or through the Company or the Guarantors, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise, it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers, directors or employees, as such, of the Company or the Guarantors or any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against every such incorporator, stockholder, officer, director or employee, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom are hereby expressly waived and released as a condition of and as a consideration for, the execution of this Indenture and the issue of such Securities.
Appears in 1 contract
Samples: Indenture
Repayment of Moneys Held by Trustee. The Trustee shall promptly pay to the Company upon written request any excess money or securities held by it at any time, provided that the Trustee shall in no event be required to deliver any excess cash or securities if an Event of Default under Section 6.01(h) or 6.01(i) (or an event that after notice or lapse of time, or both, would become an Event of Default) shall have occurred during such period and be continuing. Any moneys deposited with the Trustee or any paying agent Paying Agent for the payment of the principal of, of or premium, if any, Change any interest on any Securities of Control Purchase Price, Asset Sale Purchase Price or interest on, any Notes series and not applied but remaining unclaimed by the holders of Notes Securities of such series for two years after the date upon which such payment shall have become duedue and payable, shall shall, at the request of the Company, be promptly repaid (together with any interest earned thereon) to the Company by the Trustee or by such paying agentPaying Agent; and thereupon the Trustee and such paying agent shall be released from all further liability with respect to such moneys, and the holder of any of the Notes Securities of such series entitled to receive such payment shall thereafter look only to the Company for the payment thereof; provided, however, that the Trustee or such paying agentPaying Agent, before being required to make any such repayment, may, may at the expense of the Company, mail to the holders of Notes at their last known address or Company cause to be published once a week for two successive weeks (in a newspaper published each case on any day of the week) in an Authorized Newspaper, or mailed to the English language, customarily published on each Business Day and of general circulation in the Borough of Manhattan, City of New York, State of New Yorkregistered holders thereof, a notice that such money remains unclaimed said moneys have not been so applied and that, that after a date specified therein, which shall not be less than 30 days after the date of such mailing or publication, named therein any unclaimed balance of such said money then remaining will be paid returned to the Company.. ARTICLE THIRTEEN IMMUNITY OF INCORPORATORS, STOCKHOLDERS, OFFICERS, DIRECTORS AND EMPLOYEES Section 13.01. INCORPORATORS, STOCKHOLDERS, OFFICERS, DIRECTORS AND EMPLOYEES OF COMPANY EXEMPT FROM INDIVIDUAL LIABILITY. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer, director or employee, as such, past, present or future, of the Company or of any successor corporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise, it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers, directors or employees, as such, of the Company or any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against every such incorporator, stockholder, officer, director or employee, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom are hereby expressly waived and released as a condition of and as a consideration for, the execution of this Indenture and the issue of such Securities. ARTICLE FOURTEEN
Appears in 1 contract
Samples: Indenture (Aon Corp)
