Common use of Repayment of Moneys Held by Trustee Clause in Contracts

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.

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 105 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, 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 thirty days after from the date of such mailing or publication, any unclaimed balance of such money then remaining will be paid to the Company.

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 payment shall thereafter thereafter, as an unsecured general creditor, look only to the Company for the payment thereof and all liability of the Trustee or such paying agent with respect to such moneys, and all liability of the Company as trustee thereof; , 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.. ARTICLE THIRTEEN IMMUNITY OF INCORPORATORS, STOCKHOLDERS, OFFICERS, DIRECTORS AND EMPLOYEES

Repayment of Moneys Held by Trustee. The Trustee shall promptly pay to the Company upon written request Unless otherwise required by mandatory provisions of escheat or abandoned or unclaimed property laws, 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, or then held by the Company, for the payment of the principal of, or 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 of Notes Securities 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 agentPaying Agent on demand; or, if then held by the Company, shall be discharged from such trust; and thereupon the Trustee and such paying agent Paying Agent or the Company as trustee 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 shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property laws, thereafter look only to the Company for the payment thereof; provided, provided however, that the Trustee or such paying agentPaying Agent, before being required to make any such repaymentpayment, 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 once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the Borough New York City, or cause to be mailed to each Securityholder of Manhattansuch series, 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 from the date of such mailing or publication, any unclaimed balance of such money then remaining will be paid repaid to the Company.