Repayment to Company. 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, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times and The Wall Street Journal (national edition), notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 10 contracts
Samples: Indenture (Videotron Ltee), Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any 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, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 shall 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 cash and securities remains 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 cash and securities then remaining shall be repaid to the Company.
Appears in 9 contracts
Samples: Indenture (Mci Inc), Indenture (Mci Inc), Indenture (Mci Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, or interest or Additional Amounts, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest or Additional Amounts, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 9 contracts
Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Any money and U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, premium or interest on any Note 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 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 creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash money and securitiesU.S. Government Obligations, 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 THE WALL STREET JOURNAL (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 9 contracts
Samples: Indenture (Navigators Group Inc), Subordinated Indenture (Harleysville Group Inc), Senior Indenture (Rli Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times and The Wall Street Journal (national edition), notice that such 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 cash and securities then remaining shall will be repaid to the Company.
Appears in 9 contracts
Samples: Second Supplemental Indenture (Lear Corp), First Supplemental Indenture (Lear Corp), Fourth Supplemental Indenture (Lear Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any 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 principalprincipal of, premium, if any, or interest on on, any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 shall 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 cash and securities remains 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 cash and securities then remaining shall will be repaid to the Company.
Appears in 9 contracts
Samples: Indenture (Mci Inc), Indenture (Mci Inc), Indenture (Mci Inc)
Repayment to Company. 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, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times Globe and The Wall Street Journal Mail (national edition)) and Le Journal de Montréal, notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 7 contracts
Samples: Indenture (Videotron Ltee), Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)
Repayment to Company. 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 principalprincipal of, premium, if any, or interest on on, any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times Globe and The Wall Street Journal Mail (national edition)) and Le Journal de Montréal, notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 7 contracts
Samples: Indenture (Videotron Ltee), Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any 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 principalprincipal of, premium, if any, or interest on on, any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times and The Wall Street Journal (national edition), notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 7 contracts
Samples: Indenture (Homer City Generation, L.P.), Indenture (Centene Corp), Indenture (Centene Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any 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 principalprincipal of, premium, if any, or interest on interest, if any, on, any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times and The Wall Street Journal (national edition), notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 6 contracts
Samples: Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Holdings, Inc.), Indenture (Cinemark Usa Inc /Tx)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times and The Wall Street Journal (national edition), notice that such 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 cash and securities then remaining shall will be repaid to the Company.
Appears in 6 contracts
Samples: Senior Indenture (Delphi Automotive PLC), Senior Indenture (Delphi Trade Management, LLC), Subordinated Indenture (Delphi Trade Management, LLC)
Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium or Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, premiumand premium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 5 contracts
Samples: Indenture (Front Range Himalaya Corp), Indenture (Trico Marine Services Inc), Indenture (Trico Marine Services Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuers, in trust for the payment of the principalprincipal of, premium, if any, or interest on and Liquidated Damages, if any, on, any Note and remaining unclaimed for two years after such principal, premium, if any, or interest and Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the CompanyIssuers) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such 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 cash and securitiestrust money, and all liability of the Company each such Issuer 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 Issuers cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 5 contracts
Samples: Indenture (NGL Energy Partners LP), Indenture (Tetra Technologies Inc), Indenture (Compressco Partners, L.P.)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any 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, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains 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 cash and securities then remaining shall be repaid to the Company.
Appears in 5 contracts
Samples: Indenture (Worldcom Inc), Indenture (Worldcom Inc), Indenture (Armstrong World Industries Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any 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 principalprincipal of, premium, if any, or interest on on, any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains 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 cash and securities then remaining shall will be repaid to the Company.
Appears in 5 contracts
Samples: Indenture (Worldcom Inc), Indenture (Worldcom Inc), Indenture (Armstrong World Industries Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Liquidated Damages, if any, on any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 4 contracts
Samples: Indenture (Charles River Laboratories Inc), Indenture (Condor Systems Inc), Indenture (Formica Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Liquidated Damages, if any, or interest on any 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 Note shall thereafter, as an unsecured a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 4 contracts
Samples: Indenture (United Musical Instruments Usa Inc), Indenture (Orbital Sciences Corp /De/), Indenture (Panolam Industries Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note Debt 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times and The Wall Street Journal (national edition), notice that such 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 cash and securities then remaining shall will be repaid to the Company.
Appears in 4 contracts
Samples: Subordinated Debt Indenture (Calgon Carbon Corporation), Senior Debt Indenture (Calgon Carbon Corporation), Subordinated Debt Indenture (MOB Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned propertyunclaimed property law, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium (including the Applicable Premium), if any, or interest on on, any Note and remaining unclaimed for two years after such principal, premiumpremium (including the Applicable Premium), if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such 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 cash and securitiestrust money or Government Securities, 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 the New York Times and or The Wall Street Journal (national edition)Journal, notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Vantage Drilling International), Indenture (OFFSHORE GROUP INVESTMENT LTD), Indenture (Vantage Drilling Netherlands B.V.)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premiumprincipal of or premium or interest or Additional Interest, if any, or interest on any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust 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 (but shall not be obligated to) at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Trump Indiana Inc), Indenture (Trump Indiana Inc), Indenture (Raceland Truck Plaza & Casino LLC)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Liquidated Damages, if any, on any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Ipcs Inc), Indenture (Horizon PCS Inc), Indenture (Ubiquitel Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash Any money or non-callable Government Securities property deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for the earlier of (i) two years after such principal, premium, if any, or interest has become due and payable and (ii) such time as the money or property escheats to the state, shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such 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 cash and securitiestrust 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 and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Coty Inc.), Indenture (Coty Inc.), Indenture (Plantronics Inc /Ca/)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Liquidated Damages or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, Liquidated Damages or interest has become due and payable shall shall, subject to applicable escheat law, be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Cenveo, Inc), Indenture (Mail Well Inc), Indenture (Mail Well Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable and U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note 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 cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Beverly Enterprises Inc), Indenture (Rehabilitation Associates of Lafayette Inc), Indenture (Beverly Enterprises Distribution Services Inc)
Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on interest, if any, on, any Note Security and remaining unclaimed for two years after such principal, premium, if any, or interest interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall be repaid to the Company.
Appears in 3 contracts
Samples: Senior Subordinated Indenture (TOUSA Investment #1, Inc.), Senior Indenture (TOUSA Investment #1, Inc.), Subordinated Indenture (TOUSA Investment #1, Inc.)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, Additional Interest, if any, or interest on any 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 Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Parker Drilling Co /De/), Indenture (Parker Drilling Co /De/), Indenture (Parker Drilling Co /De/)
Repayment to Company. 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, premium, if any, or interest on any Note and remaining unclaimed for two three years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times Globe and The Wall Street Journal Mail (national edition)) and Le Journal de Montréal, notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note and remaining unclaimed for two years (or such shorter period of time for return of such monies to the Company under applicable abandoned property laws) after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such 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 cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will 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 THE WALL STREET JOURNAL (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 3 contracts
Samples: First Supplemental Indenture (Paramount Resources LTD), Indenture (Paramount Resources LTD), Indenture (Paramount Resources LTD)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any 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 principalprincipal of, premium, if any, or interest on on, any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times and The Wall Street Journal (national edition), notice that such 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 cash and securities then remaining shall will be repaid to the Company.
Appears in 3 contracts
Samples: Third Supplemental Indenture (Jarden Corp), First Supplemental Indenture (Jarden Corp), First Supplemental Indenture (Jarden Corp)
Repayment to Company. Subject The Trustee and the Paying Agent shall promptly notify the Company of, and pay 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 Company upon the written request of the Company, in trust any excess money held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon the written request of the Company any money held by them for the payment of the principalprincipal of, premium, if any, or any accrued and unpaid interest on any Note and remaining or additional interest on, the notes that remains unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company2) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon ceaseyears; 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 Company, cause to be published once, once in The a newspaper of general circulation in the City of New York Times and The Wall Street Journal (national edition)or cause to be mailed to each Holder, notice stating that such cash and securities 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 publication or publicationmailing, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company. After payment to the Company, Securityholders entitled to the money must look to the Company for payment as general creditors, subject to applicable law, and all liability of the Trustee and the Paying Agent with respect to such money and payment shall, subject to applicable law, cease.
Appears in 3 contracts
Samples: Indenture (Terremark Worldwide Inc), Indenture (Terremark Worldwide Inc), Indenture (Terremark Worldwide Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned propertyproperty law, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium or Additional Interest, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, premiumpremium or Additional Interest, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Revlon Consumer Products Corp), Indenture (Revlon Consumer Products Corp), Indenture (Harland Financial Solutions, Inc.)
Repayment to Company. 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 principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two three years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times Globe and The Wall Street Journal Mail (national edition)) and Le Journal de Montréal, notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, or interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such 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 cash and securitiestrust 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 shall at the written request and expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (CyrusOne Inc.), Indenture (CyrusOne Inc.)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note Security 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 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 cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)
Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to any applicable laws relating to abandoned propertythe Company after request therefor, any excess money held with respect to the Notes of any Series at such time in excess of amounts required to pay any of the Company’s Obligations then owing with respect to the Notes of such Series. 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, premium, if any, or interest on any Note of any Series and remaining unclaimed for two years one year after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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, once in The New York Times and The Wall Street Journal (national edition), an Authorized Newspaper notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 2 contracts
Samples: Debt Securities Indenture (Centene Corp), Debt Securities Indenture (Centene Corp)
Repayment to Company. Subject The Trustee and the Paying Agent shall promptly notify the Company of, and pay to any applicable laws relating to abandoned propertythe Company upon the request of the Company, any cash or non-callable Government Securities deposited with the excess money held by them at any time. The Trustee or any the Paying Agent, or then as the case may be, shall provide written notice to the Company of any money that has been held by the Companyit and has, in trust for a period of two (2) years, remained unclaimed for the payment of the principalprincipal of, or any accrued and unpaid interest on, the Securities. The Trustee and the Paying Agent shall pay to the Company upon the written request of the Company any money held by them for the payment of the principal of, premium, if any, or any accrued and unpaid interest on any Note and remaining or additional interest on, the Securities that remains unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company2) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon ceaseyears; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may may, at the expense of the Company Company, cause to be published once, (in The no event later than five (5) days after the Company's written request for repayment) once in a newspaper of general circulation in the City of New York Times and The Wall Street Journal (national edition)or cause to be mailed to each Holder, notice stating that such cash and securities 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 publication or publicationmailing, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company. After payment to the Company, Securityholders entitled to the money must look to the Company for payment as general creditors, subject to applicable law, and all liability of the Trustee and the Paying Agent with respect to such money and payment shall, subject to applicable law, cease.
Appears in 2 contracts
Samples: Indenture (Suntech Power Holdings Co., Ltd.), Indenture (Suntech Power Holdings Co., Ltd.)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any 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 principalprincipal of, premium, if any, or interest on on, any Note of any Series 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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, once in The New York Times and The Wall Street Journal (national edition), an Authorized Newspaper notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 2 contracts
Samples: Debt Securities Indenture (Centene Corp), Debt Securities Indenture (Centene Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest and Liquidated Damages, if any, on any Note 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Gulfmark Offshore Inc), Indenture (Northern Border Pipeline Co)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Additional Interest, if any, on any Note and remaining unclaimed for two years one year after such principal, 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 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Nuveen Investments Holdings, Inc.), Indenture (Nuveen Investments Holdings, Inc.)
Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premiumprincipal of or premium or Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, premiumpremium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such 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 cash and securitiestrust 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 Investor's Business Daily and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.
Appears in 2 contracts
Samples: Indenture (Ascent Energy Inc), Indenture (Hornbeck Offshore Services Inc /De/)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Liquidated Damages, if any, or interest on any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust 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 reasonable expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Delta Woodside Industries Inc /Sc/), Indenture (Delta Mills Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note Security which is not subject to the last paragraph of Section 8.5 and remaining has remained 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Securities 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Chesapeake Gas Development Corp), Indenture (Chesapeake Gas Development Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Additional Interest, if any, on any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Coventry Health Care Inc), Indenture (Coventry Health Care Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned propertySection 8.07, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, interest or interest Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, interest or interest Additional Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust 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 the New York Times and or The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall be repaid to the CompanyCompany or as required by applicable abandoned property law.
Appears in 2 contracts
Samples: Indenture (Affinity Guest Services, LLC), Indenture (Thermon Holding Corp.)
Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of or premium, premiuminterest or Additional Interest, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, interest or Additional Interest, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Bristow Group Inc), Indenture (Medic Systems Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, principal and premium, if any, or interest or Additional 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 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall be repaid to the Company.
Appears in 2 contracts
Samples: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.)
Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than three Business Days, pay to any applicable laws relating to abandoned propertythe Company after request therefor, any cash 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 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 principalprincipal of, premiumpremium or Special Interest, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, premiumpremium or Special Interest, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Simmons Co /Ga/), Indenture (Simmons Co)
Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to any applicable laws relating to abandoned propertythe 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 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, premium, if any, or interest on any Note and remaining unclaimed for two years one year after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall shall, subject to applicable abandoned property law, be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 edition), notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Great Lakes Dredge & Dock CORP), Indenture (Great Lakes Dredge & Dock CORP)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times and The Wall Street Journal (national edition), notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Prestige Brands Holdings, Inc.), Indenture (Aviall Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any 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 principalprincipal of, premium, if any, or interest on on, any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times and The Wall Street Journal (national edition), ) notice that such 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 cash and securities then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Third Supplemental Indenture (Central Garden & Pet Co), First Supplemental Indenture (Central Garden & Pet Co)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Liquidated Damages, if any, or interest on any 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 Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Repayment to Company. 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, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times Globe and The Wall Street Journal Mail (national edition)) and Le Journal de Montréal, notice that such 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 cash and securities then remaining shall be repaid to the Company..
Appears in 1 contract
Samples: Indenture (Videotron Ltee)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, or interest, premium, if any, or interest Liquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal, interest, premium, if any, or interest Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agentpaying agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any 2006 Note or 2009 Note, as the case may be, and remaining unclaimed for two years after such principal, 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 2006 Note or 2009 Note, as the case may be, 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 paying agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agentpaying 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 cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Usec Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuers, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any 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 Issuers on its their request or (if then held by the CompanyIssuers) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company Issuers 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 Issuers cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such 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 cash and securities then remaining shall be repaid to the CompanyIssuers.
Appears in 1 contract
Samples: Indenture (Trump Entertainment Resorts Holdings Lp)
Repayment to Company. Subject to any applicable laws relating to abandoned propertyabandonment laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, Additional Interest, if any, duration fees, or interest on any Note and remaining unclaimed for two years after such principal, premium, Additional Interest, if any, duration fees or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Station Casinos LLC)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Additional Interest, if any, or interest on any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall be repaid to the Company.
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, or premium, if any, or interest on and Liquidated Damages, if any, on, any Note 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying 77 Agent with respect to such cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Tesoro Alaska Co)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any 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 principalprincipal of, premium, if any, or interest on on, any Note 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times and The Wall Street Journal (national edition), notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Centene Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned propertyproperty law, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, interest or interest Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, interest or interest Additional Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Liquidated Damages or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, Liquidated Damages or interest has become due and payable shall shall, subject to applicable escheat law, be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Mail Well Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium or Additional Interest, if any, or interest on any Note and remaining unclaimed for two years (or, if shorter, the applicable escheat period) after such principal, premiumpremium or Additional Interest, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Clearwave N V)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, principal of and premium, if any, interest or interest Special Interest, if any, on any Note and remaining unclaimed for two years after such principal, principal and premium, if any, 56 63 interest or interest Special Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 written request and expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note Security 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 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 cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Tenet Healthcare Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium or Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, premiumand premium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust 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 or The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall be repaid to the Company.
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, interest or interest on Special Interest, if any, on, any Note and remaining unclaimed for two years after such principal, premium, if any, interest or interest Special Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such 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 cash and securitiestrust 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 (but shall not be obligated) at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Hillman Companies Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or any mandatory sinking fund payments on any Note Security of a Series and remaining unclaimed for two years after such principal, and premium, if any, or interest or sinking fund payment has become due and payable shall be paid to the Company on its 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 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Liquidated Damages, if any, or interest on any 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 Note shall thereafter, as an unsecured a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Ceridian Corp)
Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on interest, including Special Interest, if any, on, any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.. 83
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, interest, or interest Liquidated Damages, if any, on any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Team Health Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned propertyAny money, any cash or non-callable Government Securities or Common Stock deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if anyprincipal of, or interest on or Redemption Consideration or conversion payment with respect to any Note and remaining unclaimed for two years after such principal, premium, if any, principal or interest or Redemption Consideration or conversion payment has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash trust money 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 New York Times and The Wall Street Journal (national edition), notice that such cash and money or securities remains 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 cash and money or securities then remaining shall will be repaid or returned to the Company.
Appears in 1 contract
Samples: Indenture (Timco Engine Center Inc)
Repayment to Company. 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 principalprincipal of, premium, if any, or interest on on, any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times Globe and The Wall Street Journal Mail (national edition)) and Le Journal de Montréal, notice that such 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 cash and securities then remaining shall be repaid to the Company..
Appears in 1 contract
Samples: Indenture (Videotron Ltee)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying AgentAgent pursuant to Section 8.04, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Loan Fees, or interest on any Note and remaining unclaimed for two years after such principal, premium, if any, Loan Fees, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust 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 a newspaper published in the English language, customarily published on each Business Day and of general circulation in the Borough of Manhattan, the City of New York Times and The Wall Street Journal (national edition)York, notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the 57 date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Criimi Mae Inc)
Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premiumprincipal of or premium or Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, premiumand premium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall will be repaid to the Company. Nothing contained in this Section 8.06 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.
Appears in 1 contract
Samples: Indenture (American Eco Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable and U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned propertyproperty laws, 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 principalprincipal of, premium, if any, or interest on on, any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times and The Wall Street Journal (national edition), notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Molina Healthcare Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal amount or Accreted Value, as applicable, of, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, amount or Accreted Value, as applicable, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Sealy Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, Additional Interest, if any, or interest on any 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 Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Parker Drilling Co /De/)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Additional Interest, if any, on any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, or interest on or Special Interest, if any, on, any Note and remaining unclaimed for two years after such principal, premium, if any, or interest or Special Interest, if any, has become due and payable shall shall, subject to applicable abandoned property law, be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Post Holdings, Inc.)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying AgentAgent pursuant to Section 8.04, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Loan Fees, or interest on any Note and remaining unclaimed for two years after such principal, premium, if any, Loan Fees, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust 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 a newspaper published in the English language, customarily published on each Business Day and of general circulation in the Borough of Manhattan, the City of New York Times and The Wall Street Journal (national edition)York, notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Criimi Mae Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Additional Interest, if any, on any Note and remaining unclaimed for two years one year after such principal, 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 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 cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall be repaid to the Company.
Appears in 1 contract
Samples: Indenture (VWR Funding, Inc.)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, or interest, premium, if any, or interest Liquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal, interest, premium, if any, or interest Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (WHX Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any 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 principalprincipal of, premium, if any, or interest on on, any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 THE WALL STREET JOURNAL (national edition), notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Sun Media Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note Security which is not subject to the last paragraph of Section 8.05 and remaining has remained 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Securities 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Chesapeake Energy Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiuminterest, on Liquidated Damages, and other premiums, if any, or interest on any Senior Subordinated Note and remaining unclaimed for two years after such principal, premiuminterest, Liquidated Damages, and other premiums, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Senior Subordinated Note shall thereafter, as an unsecured a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Fonda Group Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any 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 principalprincipal of, premium, if any, or interest on on, any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 THE WALL STREET JOURNAL (national edition), notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Medvest Holdings Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-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, premium, if any, or interest on any Note and remaining unclaimed for two three (3) years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times Globe and The Wall Street Journal Mail (national edition), notice that such cash and securities 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 cash and securities then remaining shall be repaid to the Company.
Appears in 1 contract
Samples: Trust Indenture
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, Liquidated Damages, if any, or interest on any 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 Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Quail Usa LLC)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest (including Additional Interest, if any) on any Note Security and remaining unclaimed for two years after such principal, and premium, if any, or interest (including 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 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Digital Television Services of Kansas LLC)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, or premium, if any, or interest on and Liquidated Damages, if any, on, any Note 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Victory Finance Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities 86 76 Any money deposited with the Trustee or any Paying Agent, or then held by the Company, Company in trust for the payment of the principalprincipal of, premium, if any, Liquidated Damages, if any, or interest on any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, or premium, if any, or interest on and Liquidated Damages, if any, on, any Note 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Tesoro Alaska Co)
Repayment to Company. 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 principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two three (3) years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times Globe and The Wall Street Journal Mail (national edition), notice that such cash and securities 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 cash and securities then remaining shall be repaid to the Company.
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any 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 principalprincipal of, premium, if any, or interest on on, any 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 New York Times and The Wall Street Journal (national edition), notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 1 contract
Samples: Indenture (GNLV Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium and Liquidated Damages, if any, or interest on any Note Security and remaining unclaimed for two years after such principal, premiumpremium and Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its 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 cash and securitiestrust 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 Company, cause to be published once, in The the New York Times (national edition) and The the Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any 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 principalprincipal of, premium, if any, or interest on on, any 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 request or (if then held by the Company) shall shall, subject to applicable abandoned property law, be discharged from such trust; and the any Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 edition), notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any 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, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash 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 THE WALL STREET JOURNAL (national edition), notice that such 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 cash and securities then remaining shall be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Sun Media Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned propertyabandonment laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, or interest on or Special Interest, if any, on, any Note and remaining unclaimed for two years after such principal, premium, if any, or interest or Special Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such 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 cash and securitiestrust 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 the New York Times and The Wall Street Journal (national edition), notice that such cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, or premium, if any, or interest on and Special Interest, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest and Special Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured 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 cash and securitiestrust 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 cash and securities 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 cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Tesoro Petroleum Co Inc)