Common use of Repayment to Company Clause in Contracts

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, 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 at the expense of the Company cause to be published once, in the NEW YORK TIMES and THE WALL STREET JOURNAL National edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 7 contracts

Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)

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Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, Liquidated Damages, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will shall be repaid to the Company.

Appears in 6 contracts

Samples: Indenture (RFS Partnership Lp), Indenture (CSK Auto Corp), Indenture (RFS Hotel Investors Inc)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium on, if any, or and interest on on, if any, any Security Securities of such Series and remaining unclaimed for two years after such principal, and premium, if any, or interest and interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Securities of such Series will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 6 contracts

Samples: Indenture (Toreador Resources Corp), Indenture (Toreador Resources Corp), Indenture (Toreador Resources Corp)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall shall, subject to applicable escheat law, be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general a secured creditor, look only to the Company or Guarantors for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will shall be repaid to the Company.

Appears in 6 contracts

Samples: Indenture (Cenveo, Inc), Indenture (Cenveo, Inc), Indenture (Cenveo, Inc)

Repayment to Company. Any money cash or U.S. Government Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on on, any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will be repaid to the Company.

Appears in 6 contracts

Samples: Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest and Liquidated Damages on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest and Liquidated Damages has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 5 contracts

Samples: Indenture (Lyondell Chemical Nederland LTD), Indenture (Lyondell Chemical Nederland LTD), Indenture (Lyondell Chemical Nederland LTD)

Repayment to Company. Any Subject to applicable escheat laws, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, principal and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, ; and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense and written request of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will shall be repaid to the Company.

Appears in 5 contracts

Samples: Indenture (Switch, Inc.), Indenture (Cars.com Inc.), Indenture (Unisys Corp)

Repayment to Company. Any money cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on or Additional Interest, if any, on, any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will shall be repaid to the Company.

Appears in 5 contracts

Samples: Indenture (Cinemark Holdings, Inc.), Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Usa Inc /Tx)

Repayment to Company. Any Subject to applicable law, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, Additional Interest, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, Additional Interest, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 5 contracts

Samples: Indenture (Treasure Chest Casino LLC), Indenture (Boyd Gaming Corp), Indenture (Boyd Acquisition I, LLC)

Repayment to Company. After the Securities have been paid in full, the Trustee and the Paying Agent shall promptly turn over to the Company any excess money or securities held by them. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium on, if any, or and interest on on, if any, any Security Securities of such Series and remaining unclaimed for two years after such principal, and premium, if any, or interest and interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Securities of such Series will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 4 contracts

Samples: Indenture (Gray Television Licensee, LLC), Indenture (WVLT-TV, Inc.), Indenture (WVLT-TV, Inc.)

Repayment to Company. Any Subject to any unclaimed property law, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on on, any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall Note will thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney or Government Securities, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES and THE WALL STREET JOURNAL National The New York Times or The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 4 contracts

Samples: Notes Purchase Agreement (Forbes Energy Services Ltd.), Indenture (Forbes Energy Services Ltd.), Indenture (Forbes Energy Services Ltd.)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on (including Special Interest, if any), any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest (including Special Interest, if any) has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 4 contracts

Samples: Indenture (United Airlines, Inc.), Indenture (Continental Airlines Inc /De/), Indenture (United Air Lines Inc)

Repayment to Company. Any Subject to applicable escheat and abandoned property laws, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, Reduced Principal Amount of or premium or interest on any Security Note and remaining unclaimed for two years after such principalReduced Principal Amount, and premium, if any, premium or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 4 contracts

Samples: Sixth Supplemental Indenture (Whiting Petroleum Corp), Fifth Supplemental Indenture (Whiting Petroleum Corp), Fourth Supplemental Indenture (Whiting Petroleum Corp)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuers, in trust for the payment of the principal of, premium, if any, or interest on interest, if any, on, any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the CompanyIssuers) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company each such Issuer as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall, at the written request and at the expense of the Company Issuers, cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (NGL Energy Partners LP), Indenture (NGL Energy Partners LP), Indenture (NGL Energy Partners LP)

Repayment to Company. The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to the Company after request therefor, any excess money held with respect to the Notes at such time in excess of amounts required to pay any of the Company’s Obligations then owing with respect to the Notes. Any money cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, or interest on any Security Note and remaining unclaimed for two years one year after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will shall be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Centene Corp), Indenture (Centene Corp), Indenture (Centene Corp)

Repayment to Company. Any money cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on on, any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains cash and securities remain unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will shall be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Citizens Communications Co), Indenture (Citizens Communications Co), Indenture (Citizens Communications Co)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or Liquidated Damages, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premiumpremium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDED, HOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Ap Holdings Inc), Indenture (DRS Technologies Inc), Indenture (Apcoa Standard Parking Inc /De/)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyCompany or any of its Subsidiaries or Affiliates, in trust for the payment of the principal of, or premium, if any, or interest on on, any Security Note and remaining unclaimed for two years one year after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the CompanyCompany or any of its Subsidiaries or Affiliates) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company or any of its Subsidiaries or Affiliates as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Cinemark Inc), Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Usa Inc /Tx)

Repayment to Company. Any money deposited with the Senior Subordinated Note Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security Senior Subordinated Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Senior Subordinated Note shall thereafter, as an unsecured general a secured creditor, look only to the Company for payment thereof, and all liability of the Senior Subordinated Note Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee Senior Subordinated Note Trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Senior Subordinated Note Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 3 contracts

Samples: Senior Subordinated Note Indenture (Ball Corp), Senior Subordinated Note Indenture (P&l Coal Holdings Corp), Amended and Restated Senior Subordinated Note Indenture (Ball Corp)

Repayment to Company. Any money cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on or Special Interest, if any, on, any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Special Interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (S&c Resale Co), Indenture (S&c Holdco 3 Inc), Indenture (S&c Resale Co)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, Liquidated Damages, or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, Liquidated Damages or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Pacific Aerospace & Electronics Inc), Indenture (Steel Heddle International Inc), Indenture (Precision Engine Products Corp)

Repayment to Company. Any money cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, or interest or Special Interest, if any, on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Special Interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will shall be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (S&c Holdco 3 Inc), Indenture (S&c Resale Co), Indenture (S&c Resale Co)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest interest, if any, on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has interest, if any, have become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Iron Mountain Inc /De), Indenture (Iron Mountain Inc /De), Indenture (Iron Mountain Inc /De)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, 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 at the expense of the Company cause to be published once, in the NEW YORK TIMES and THE WALL STREET JOURNAL National (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 3 contracts

Samples: Supplemental Indenture (Istar Financial Inc), Second Supplemental Indenture (Istar Financial Inc), Indenture (Heritage Property Investment Limited Partnership)

Repayment to Company. Any money cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on or Additional Interest, if any, on, any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDED, HOWEVER, provided that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Local Insight Yellow Pages, Inc.), Indenture (Unifi Inc), Indenture (K&f Industries Inc)

Repayment to Company. Any Subject to applicable law, any money or property deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest interest, if any, on any Security Note and remaining unclaimed for two years one (1) year after such principal, principal and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money or property then remaining will shall be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (WillScot Corp), Indenture (Tembec Industries Inc), Indenture (Chetwynd Pulp Land Co Ltd.)

Repayment to Company. Any money cash or non-callable U.S. Government Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, or interest or Additional Interest, if any, on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will shall be repaid to the Company.

Appears in 2 contracts

Samples: Subordinated Indenture (Pilgrims Pride Corp), Senior Unsecured Term Loan Agreement (Pilgrims Pride Corp)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, Liquidated Damages or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Medaphis Corp), Indenture (RBX Corp)

Repayment to Company. Any money cash or non-callable U.S. Government Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on on, any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, 84 and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, 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 at the expense of the Company cause to be published once, in the THE NEW YORK TIMES and THE WALL STREET JOURNAL National (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will shall be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Prestige Brands Holdings, Inc.), Indenture (Prestige Brands International, Inc.)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium on, if any, or interest on or Special Interest, if any, on, any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Special Interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Icahn Enterprises Holdings L.P.), Indenture (Icahn Enterprises Holdings L.P.)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumof and premium or Liquidated Damages, if any, or interest on any Security Note and remaining unclaimed for two years one year after such principal, principal and premiumpremium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general a creditor, look only to the Company or Guarantors for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the written request and expense of the Company cause to be published once, in the NEW YORK TIMES and THE WALL STREET JOURNAL National The New York Times or The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Metal Management Inc), Indenture (Metal Management Inc)

Repayment to Company. Any money cash or non-callable U.S. Government Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will shall be repaid to the Company.

Appears in 2 contracts

Samples: First Supplemental Indenture (Pilgrims Pride Corp), First Supplemental Indenture (Pilgrims Pride Corp)

Repayment to Company. Any Subject to applicable abandoned property law, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium on, if any, or interest on interest, if any, on, any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: First Supplemental Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium on, if any, or interest or Additional Interest, if any, on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (CyrusOne Inc.), Indenture (Cincinnati Bell Inc)

Repayment to Company. Any Subject to applicable escheat and abandoned property laws, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Ocean Energy Inc), Indenture (Ocean Energy Inc)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest or Liquidated Damages, if any, on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Liquidated Damages, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee trustees thereof, shall thereupon cease; PROVIDED, HOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES and THE WALL STREET JOURNAL National (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Noveon Inc), Indenture (Merrill Corp)

Repayment to Company. Any Subject to applicable law, any money or property deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest interest, if any, on any Security Note and remaining unclaimed for two years one (1) year after such principal, principal and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDcease; provided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 thirty (30) days from the date of such notification or publication, any unclaimed balance of such money or property then remaining will shall be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Target Hospitality Corp.), Indenture (WillScot Mobile Mini Holdings Corp.)

Repayment to Company. The Trustee shall promptly pay to the Company, after written request therefor, any money held at such time in excess of the amounts required to pay any of the Company's Obligations then owing with respect to the Notes. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest interest, if any, on any Security Note and remaining unclaimed for two years one year after such principal, and premium, if any, or interest has interest, if any, have become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Quaker Holding Co), Indenture (Decisionone Corp /De)

Repayment to Company. The Trustee shall promptly, and in any event, no later than three Business Days, pay to the Company after request therefor, any excess money or non callable Government Securities held with respect to the Notes at such time in excess of amounts required to pay any of the Company’s Obligations then owing with respect to the Notes. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or Special Interest, if any, or interest on on, any Security Note and remaining unclaimed for two years after such principal, and premiumpremium or Special Interest, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Aeroflex Inc), Indenture (Aeroflex Inc)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES and THE WALL STREET JOURNAL National New York Times, The Wall Street Journal (national edition) or USA Today (such publication to be chosen by the Company based upon the lowest publication cost), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Exx Inc/Nv/), Indenture (Newcor Inc)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, 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 at the expense of the Company cause to be published once, in the NEW YORK TIMES and THE WALL STREET JOURNAL National (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Olympic Financial LTD), Indenture (Olympic Financial LTD)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium on, if any, or interest on or Special Interest, if any, on, any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Special Interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee Trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy, Inc.)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the aggregate principal amount of, premiumpremium or Liquidated Damages, if any, or interest on on, any Security Note and remaining unclaimed for two years after such principalaggregate principal amount, and premiumpremium or Liquidated Damages, if any, or interest has become due and payable shall will be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may will at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Xm Satellite Radio Holdings Inc), Indenture (Xm Satellite Radio Holdings Inc)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, or premium, if any, or interest on interest, if any, on, any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest interest, if any, has become due and payable shall shall, subject to any applicable abandoned property laws, be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Bristow Group Inc.), Indenture (Bristow Group Inc)

Repayment to Company. Any Subject to applicable abandoned property laws, any money or property deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or Special Interest, if any, or interest on on, any Security Note and remaining unclaimed for two years one year after such principal, and premiumpremium or Special Interest, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money or property remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money or property then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Alon Refining Krotz Springs, Inc.), Indenture (Alon USA Energy, Inc.)

Repayment to Company. Any Subject to applicable abandoned property laws, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or Special Interest, if any, or interest on on, any Security Note and remaining unclaimed for two years after such principal, and premiumpremium or Special Interest, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (CPM Holdings, Inc.), Indenture (CPM Holdings, Inc.)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, 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 at the expense of the Company cause to be published once, in the NEW YORK TIMES and THE WALL STREET JOURNAL National (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)

Repayment to Company. Any Subject to applicable law, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general a creditor, look only to the Company for payment thereofthereof (unless an abandoned property law designates another Person), and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Reeves Inc), Indenture (Reeves Industries Inc /De/)

Repayment to Company. Any money deposited with the -------------------- Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium and Liquidated Damages, if any, or interest on any Security and remaining unclaimed for two years after such principal, premium and premiumLiquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such -------- ------- Paying Agent, before being required to make any such repayment, may may, at the expense of the Company Company, cause to be published once, in the NEW YORK TIMES and THE WALL STREET JOURNAL National Wall Street Journal ------------------- (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Harborside Healthcare Corp), Indenture (Sailors Inc)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, any of its Subsidiaries or Parent, in trust for the payment of the principal of, premiumpremium or Special Interest, if any, or interest on on, any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or Special Interest, if any, or interest has become due and payable shall shall, subject to applicable abandoned property law, be paid to the Company on its written request or (if then held by the Company, any of its Subsidiaries or Parent) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Park Ohio Holdings Corp), Indenture (Park Ohio Industries Inc/Oh)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium on, if any, interest or interest on Additional Interest, if any, on, any Security Note and remaining unclaimed for two years after such principal, and premium, if any, interest or interest Additional Interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Global Geophysical Services Inc), Indenture (Global Geophysical Services Inc)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium and Additional Amounts, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, premium and premiumAdditional Amounts, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Microdyne Corp), Indenture (Eer Systems Inc)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in a newspaper published in the NEW YORK TIMES English language, customarily published on each Business Day and THE WALL STREET JOURNAL National edition)of general circulation in the Borough of Manhattan, the City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Sun Medical Technologies Inc /Ca/), Indenture (Prime Medical Services Inc /Tx/)

Repayment to Company. The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to the Company after request therefor, any excess money held with respect to the Notes at such time in excess of amounts required to pay any of the Company's Obligations then owing with respect to the Notes. Any money cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, or interest on any Security Note and remaining unclaimed for two years one year after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will shall be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Psychiatric Solutions Inc), Indenture (Texas San Macros Treatment Center Lp)

Repayment to Company. Any Subject to applicable escheat and abandoned property laws, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on interest, if any, on, any Security pursuant to Section 14.01 and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 2 contracts

Samples: Subordinated Indenture (TOUSA Investment #1, Inc.), Senior Subordinated Indenture (TOUSA Investment #1, Inc.)

Repayment to Company. Any money or U.S. Government Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, or interest on any Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National Xxx Xxxx Xxxxxx Journal (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Aviall Services Inc)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security Securities and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Securities shall thereafter, as an unsecured general a creditor, look only to the Company for payment thereof, and all liability of 52 61 the Trustee or such Paying Agent with respect to such trust moneymoney with respect to such Securities, and all liability of the Company as trustee thereofthereof with respect to such Securities, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.. ARTICLE TWELVE [Intentionally deleted] ARTICLE THIRTEEN [Intentionally deleted] ARTICLE FOURTEEN [Intentionally deleted] ARTICLE FIFTEEN

Appears in 1 contract

Samples: Indenture (Xo Communications Inc)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or Liquidated Damages, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premiumpremium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee Trustee thereof, shall will thereupon cease; PROVIDED, HOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (H&e Finance Corp)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or Liquidated Damages, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premiumpremium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee Trustee thereof, shall will thereupon cease; PROVIDED, HOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National 00 Xxx Xxxx Xxxxxx Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (H&e Finance Corp)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, Additional Interest, or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, Additional Interest or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, 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 at the expense of the Company cause to be published once, in the NEW YORK TIMES and THE WALL STREET JOURNAL National edition)a newspaper of general circulation, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Air Rental Supply Inc)

Repayment to Company. Any money deposited with the -------------------- Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest, or interest Liquidated Damages, if any, on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, interest, or interest Liquidated Damages, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an a general unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Just for Feet Specialty Stores Inc)

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Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security security shall thereafter, as an unsecured general a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, 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 at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, 119 after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company. ----------------------- This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Samples: Indenture (Nextlink Communications Inc / De)

Repayment to Company. Any Subject to applicable escheat laws, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, principal and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, ; and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee Trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall at the expense and written request of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (MasterBrand, Inc.)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, Liquidated Damages, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, 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 at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Gni Group Inc /De/)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, 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 at the expense of the Company cause to be published once, in the NEW YORK TIMES and THE WALL STREET JOURNAL National (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Tenet Healthcare Corp)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuers, in trust for the payment of the principal of, premium, if any, interest or interest on Special Interest, if any, on, any Security Note and remaining unclaimed for two years after such principal, and premium, if any, interest or interest Special Interest, if any, has become due and payable shall be paid to the Company Issuers on its written their request or (if then held by the CompanyIssuers) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Issuers as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company Issuers cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the CompanyIssuers.

Appears in 1 contract

Samples: Indenture (Great Wolf Resorts, Inc.)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or Liquidated Damages, if any, or interest on on, any Security Note and remaining unclaimed for two years after such principal, and premiumpremium or Liquidated Damages, if any, or interest has become due and payable shall (subject to applicable escheat law) be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDED, HOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Ipcs Inc)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, on, or interest on or Special Interest, if any, on, any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Special Interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (CST Brands, Inc.)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, interest and Additional Interest, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, premium, interest and premiumAdditional Interest, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee Trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Dobson Communications Corp)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or Liquidated Damages, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premiumpremium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall Note will thereafter, as an unsecured general creditor, be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Cole National Corp /De/)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or Liquidated Damages, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premiumpremium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDED, HOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Tsi Finance Inc)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or Special Interest, if any, or interest on on, any Security Note that has been defeased and remaining unclaimed for two years after such principal, and premiumpremium or Special Interest, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National the Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will shall be repaid to the Company. After payment to the Company, Holders entitled to such money must look to the Company unless an applicable law designates another Person (for payment as a general creditor).

Appears in 1 contract

Samples: Indenture (Fti Consulting Inc)

Repayment to Company. Any money deposited with the Trustee -------------------- or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium and Liquidated Damages, if any, or interest on any Security and remaining unclaimed for two years after such principal, premium and premiumLiquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being -------- ------- required to make any such repayment, may may, at the expense of the Company Company, cause to be published once, in the NEW YORK TIMES and THE WALL STREET JOURNAL National Wall Street Journal (national edition), notice that ------------------- such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Harborside Healthcare Corp)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request a Company Request for such payment, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the -------- ------- Trustee or such Paying Agent, before being required to make any such repayment, may shall, at the expense of the Company Company, cause to be published once, in a newspaper published in the NEW YORK TIMES English language, customarily published on each Business Day and THE WALL STREET JOURNAL National edition)of general circulation in the Borough of Manhattan, The City of New York, New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Gap Inc)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then -------------------- held by the Company, in trust for the payment of the principal of, premiumpremium and Liquidated Damages, if any, or interest on any Security and remaining unclaimed for two years after such principal, premium and premiumLiquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such -------- ------- repayment, may may, at the expense of the Company Company, cause to be published once, in the NEW YORK TIMES and THE WALL STREET JOURNAL National Wall Street Journal (national ------------------- edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Harborside Healthcare Corp)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, interest and Liquidated Damages, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, premium, interest and premiumLiquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee Trustee thereof, shall thereupon cease; PROVIDED, HOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Dutchess County Cellular Telephone Co Inc)

Repayment to Company. Any Subject to applicable escheat laws, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, principal and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, ; and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense and written request of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Playtika Holding Corp.)

Repayment to Company. The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to the Company after request therefor any excess money held with respect to the Notes at such time in excess of amounts required to pay any of the Company’s Obligations then owing with respect to the Notes. Any money cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, or interest on any Security Note and remaining unclaimed for two years one year after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company as trustee Trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (La Quinta Properties Inc)

Repayment to Company. Anything in this Article VIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company any cash or U.S. Government Obligations held by it as provided in Section 4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereto delivered to the Trustee (which may be the opinion delivered under Section 8.4(a)), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest (and Liquidated Damages, if any) on any Security and remaining unclaimed for two years after such principal, and premium, if any, or interest (and Liquidated Damages, if any) has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trustrequest; and the Holder of such Security shall thereafter, as an unsecured general creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, money shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.which

Appears in 1 contract

Samples: Indenture (Urohealth Systems Inc)

Repayment to Company. Any money deposited with the Defeasance Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on upon its written request or (if then held by the Company) shall be discharged from such trust; and the Holder holder of such Security Note shall thereafter, as an unsecured general a creditor, look only to the Company for payment thereof, and all liability of the Defeasance Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Defeasance Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in a newspaper published in the NEW YORK TIMES English language, customarily published on each Business Day and THE WALL STREET JOURNAL National edition)of general circulation in England (which is expected to be The Financial Times, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Votorantim Pulp & Paper Inc)

Repayment to Company. The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to the Company after request therefor, any excess money held with respect to the Securities at such time in excess of amounts required to pay any of the Company’s Obligations then owing with respect to the Securities. Any money cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, or interest on any Security and remaining unclaimed for two years one year after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Centene Corp)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or Liquidated Damages, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premiumpremium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDED, HOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (National Coal Corp)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremiums, if any, or interest on on, and Liquidated Damages on, if any, any Security Senior Secured Discount Note and remaining unclaimed for two years after such principal, and premiumpremiums, if any, or interest interest, and Liquidated Damages, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Senior Secured Discount Note shall thereafter, as an unsecured general a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Sf Holdings Group Inc)

Repayment to Company. Any money cash or non-callable U.S. Government Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, or interest or Special Interest, if any, on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Special Interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Pilgrims Pride Corp)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium on, if any, or interest on or Special Interest, if any, on, any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Special Interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Bonanza Creek Energy, Inc.)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, of or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, principal or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES and THE WALL STREET JOURNAL National New York Times, The Wall Street Journal (national edition) or USA Today (such publication to be chosen by the Company based upon the lowest publication cost), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Golden Northwest Aluminum Holding Co)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security security shall thereafter, as an unsecured general a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, 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 at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Samples: Indenture (Nextlink Communications LLC)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security security shall thereafter, as an unsecured general a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, 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 at the expense of the Company cause to be published once, in -128- the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company. ------------------------------------ This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Samples: Indenture (Nextlink Communications Inc /De/)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security security shall thereafter, as an unsecured general a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required -------- ------- to make any such repayment, may shall at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Samples: Indenture (Northpoint Communications Group Inc)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or Liquidated Damages, if any, or interest on any Security Note and remaining unclaimed for two one years after such principal, and premiumpremium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDED, HOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Von Hoffmann Holdings Inc)

Repayment to Company. Any Subject to applicable escheat laws, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, principal and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, ; and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall at the expense and written request of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Group 1 Automotive Inc)

Repayment to Company. The Trustee or Paying Agent shall promptly, and in any event, no later than five (5) Business Days, pay to the Company after request therefor, any excess money held with respect to the Notes at such time in excess of amounts required to pay any of the Company’s Obligations then owing with respect to the Notes. Any money cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, or interest on any Security Note and remaining unclaimed for two years one year after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Molina Healthcare Inc)

Repayment to Company. Any money Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, 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 at the expense of the Company cause to be published once, in the THE NEW YORK TIMES and THE WALL STREET JOURNAL National (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will shall be repaid to the Company.. 63

Appears in 1 contract

Samples: Indenture (Groupe De Divertissement Superclub Inc)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, Additional Interest or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, Additional Interest, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Foodmaker Inc /De/)

Repayment to Company. The Trustee shall promptly pay to the Company after request therefor, any excess money held with respect to the Notes at such time in excess of amounts required to pay any of the Company’s Obligations then owing with respect to the Notes. Any money cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Homer City Generation, L.P.)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal amount of, premium, if any, or interest on any Security Note and remaining unclaimed for two years after such principal, principal amount and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, 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, but is not required to, at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Covad Communications Group Inc)

Repayment to Company. Any money and U.S. Government Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, premium or interest on any Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney and U.S. Government Obligations, 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 at the expense of the Company cause to be published once, in the NEW YORK TIMES and THE WALL STREET JOURNAL National (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.. 43

Appears in 1 contract

Samples: Subordinated Indenture (Rli Corp)

Repayment to Company. The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to the Company after request therefor, any excess money held with respect to the Notes at such time in excess of amounts required to pay any of the Company’s Obligations then owing with respect to the Notes. Any money cash or non-callable U.S. Government Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, or interest on any Security Note and remaining unclaimed for two years one year after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES The New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money cash and securities then remaining will shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Prestige Brands Holdings, Inc.)

Repayment to Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, premium or interest on any Security Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, 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 at the expense of the Company cause to be published once, in the NEW YORK TIMES and THE WALL STREET JOURNAL National (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Metromedia Fiber Network Inc)

Repayment to Company. Any Subject to any applicable abandoned property laws, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest interest, if any, on any Security Note and remaining unclaimed for two years one year after such principal, principal and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the NEW YORK TIMES New York Times and THE WALL STREET JOURNAL National The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 thirty (30) days from the date of such notification or publication, any unclaimed balance of such money then remaining will shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (American Pacific Corp)

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