Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers upon request any money or U.S. Government Obligations held by it as provided in this Article VIII that, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders entitled to the money must look to the Issuers for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 18 contracts
Samples: Supplemental Indenture (Garrett Motion Inc.), Supplemental Indenture (EP Energy Corp), Exchange Agreement (Talos Energy Inc.)
Repayment to Issuer. Each of the The Trustee and each the Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or money, U.S. Government Obligations held by it as provided in this Article VIII that8 which, in the written opinion of a nationally an internationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each the Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each the Paying Agent shall have no further liability with respect to such monies.
Appears in 18 contracts
Samples: Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.), Altice USA, Inc.
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII that, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 16 contracts
Samples: Supplemental Indenture (Rackspace Technology, Inc.), Supplemental Indenture (Talos Energy Inc.), Supplemental Indenture (Talos Energy Inc.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIIIArticle. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 16 contracts
Samples: Intelsat (Intelsat S.A.), Intelsat (Intelsat S.A.), Supplemental Indenture (Intelsat S.A.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 12 contracts
Samples: Intercreditor Agreement (Berry Global Group, Inc.), Intercreditor Agreement (Berry Global Group, Inc.), Intercreditor Agreement (Berry Global Group, Inc.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIIIArticle. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 10 contracts
Samples: Supplemental Indenture (CAESARS ENTERTAINMENT Corp), Supplemental Indenture (TAMINCO ACQUISITION Corp), Supplemental Indenture (TAMINCO ACQUISITION Corp)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Euro-Denominated Designated Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Euro-Denominated Designated Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIIIArticle. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 8 contracts
Samples: Supplemental Indenture (Celanese Corp), Indenture (Celanese Corp), Indenture (Celanese Ltd.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII that, in the written opinion of a nationally recognized firm of independent public accountants accountants, a nationally recognized investment bank or a nationally recognized appraisal or valuation firm, delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 8 contracts
Samples: Supplemental Indenture (Forward Air Corp), Supplemental Indenture (TopBuild Corp), Supplemental Indenture (Trimas Corp)
Repayment to Issuer. Each of the Trustee and each the Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIIIArticle. Subject to any applicable abandoned property law, the Trustee and each the Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each the Paying Agent shall have no further liability with respect to such monies.
Appears in 6 contracts
Samples: Indenture (Intelsat S.A.), Indenture (Intelsat S.A.), Indenture (Intelsat S.A.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII that8 which, in the written opinion of a nationally recognized firm of independent public accountants an Independent Financial Advisor delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each the Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each the Paying Agent shall have no further liability with respect to such monies.
Appears in 5 contracts
Samples: Indenture (CLARIVATE PLC), Acceptable Intercreditor Agreement (Dave & Buster's Entertainment, Inc.), Indenture (At Home Group Inc.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIIIArticle. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 5 contracts
Samples: Indenture (Orbimage Inc), Indenture (New Holding, Inc.), Indenture (New Holding, Inc.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations Securities held by it as provided in this Article VIII that8 which, in the written opinion of a nationally recognized investment firm, appraisal firm or firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations Securities have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIIIArticle. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 5 contracts
Samples: Indenture (GeoEye, Inc.), Indenture (GeoEye License Corp.), Registration Rights Agreement (GeoEye, Inc.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII that, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 4 contracts
Samples: Supplemental Indenture (Amn Healthcare Services Inc), Indenture (Coronado Global Resources Inc.), Supplemental Indenture (Amn Healthcare Services Inc)
Repayment to Issuer. Each of the The Trustee and each the Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each the Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each the Paying Agent shall have no further liability with respect to such moniesmonies and all liability of the Company as trustee thereof shall thereupon cease.
Appears in 4 contracts
Samples: Indenture (Western Digital Corp), Security Agreement (Western Digital Corp), ciusb.com.uy
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII 8 that, in the written opinion of a nationally recognized firm of independent public accountants recognized in the United States delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 3 contracts
Samples: Indenture (Blue Water Acquisition Corp.), Indenture (Aquestive Therapeutics, Inc.), Indenture (Quotient LTD)
Repayment to Issuer. Each of the The Trustee and each the Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or money, U.S. Government Obligations held by it as provided in this Article VIII that8 which, in the written opinion of a nationally an internationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each the Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each the Paying Agent shall have no further liability with respect to such moniesmoneys.
Appears in 3 contracts
Samples: Supplemental Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIIIArticle. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 3 contracts
Samples: Celanese Corp, Celanese Corp, Supplemental Indenture (Berry Plastics Holding Corp)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII thatEight which, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIIIEight. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Indenture (Celanese Corp), Celanese Corp
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon written request any money or U.S. Government Obligations Securities held by it as provided in this Article VIII that8 which, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations Securities have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Indenture (Party City Holdco Inc.), Party City Holdco Inc.
Repayment to Issuer. Each of the Trustee and each Paying Agent paying agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants an Independent Financial Advisor delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent paying agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent paying agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Supplemental Indenture (Constellium Se), Indenture (Constellium N.V.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon written request any money or U.S. Government Obligations Securities held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations Securities have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Supplemental Indenture (PQ Group Holdings Inc.), Indenture (Hillman Companies Inc)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers upon written request any money or U.S. Government Obligations Securities held by it as provided in this Article VIII that8 which, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations Securities have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Party City Holdco Inc., Party City Holdco Inc.
Repayment to Issuer. Each of the The Trustee and each the Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally an internationally recognized firm of independent certified public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIIIArticle. Subject to any applicable abandoned property law, the Trustee and each the Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest on any Defeasible Series that remains unclaimed for two years, and, thereafter, holders Holders of Securities of such Defeasible Series entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each the Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Indenture (Delhaize Group), Indenture (Shop 'N Save-Mass, Inc.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or money, U.S. Dollar-denominated Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Dollar-denominated Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIIIArticle. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Indenture (Momentive Performance Materials Quartz, Inc.), Indenture (Momentive Performance Materials Quartz, Inc.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII 8 that, in the written opinion of a nationally recognized firm of independent public accountants an Independent Financial Advisor delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Indenture (Egalet Us Inc.), Indenture (Egalet Corp)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII that, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two (2) years, and, thereafter, holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Sunnova Energy International Inc.), Warrant Agreement (Sunnova Energy International Inc.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon written request any money or U.S. European Government Obligations denominated in euro held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. European Government Obligations denominated in euro have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIIIEight. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Supplemental Indenture (Kronos Worldwide Inc), Kronos Worldwide Inc
Repayment to Issuer. Each of the The Trustee and each the Paying Agent shall promptly turn over to the Issuers upon request any money or U.S. dollar-denominated Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally an internationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. dollar-denominated Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers for payment as general creditors, and the Trustee and each the Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Intercreditor Agreement (Ferroglobe PLC), Intercreditor Agreement (Ferroglobe PLC)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon written request any money or U.S. Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Indenture (Aeroways, LLC), Indenture (Cke Restaurants Inc)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII 8 that, in the written opinion of a nationally recognized firm of independent public accountants recognized in the United States delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest or any related fees contemplated by this Indenture that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Purchase Agreement (Vivus Inc), Indenture (Vivus Inc)
Repayment to Issuer. Each of the The Trustee and each the Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIIIArticle. Subject to any applicable abandoned property law, the Trustee and each the Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal principal, interest or interest liquidated damages that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each the Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Indenture (Millennium Chemicals Inc)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers upon request any money or U.S. Government Obligations held by it as provided in this Article VIII that, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Indenture (Stars Group Inc.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII that, in the written opinion of a nationally recognized firm of independent public accountants accountants, a nationally recognized investment bank or a nationally recognized appraisal or valuation firm, delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Repayment to Issuer. Each of the The Trustee and each the Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIIIArticle. Subject to any applicable abandoned property law, the Trustee and each the Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal principal, premium, interest or interest liquidated damages that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each the Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Seagate Technology Malaysia Holding Co Cayman Islands
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered deliv- ered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Indenture (Berry Plastics Group Inc)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers upon request any money or U.S. Government Obligations held by it as provided in this Article VIII that, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders entitled to the money must look to the Issuers for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.. 113
Appears in 1 contract
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers upon request any money or U.S. Government Obligations held by it as provided in this Article VIII that, in the written opinion of a nationally recognized firm of independent public accountants accountants, a nationally recognized investment bank or a nationally recognized appraisal or valuation firm, delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders entitled to the money must look to the Issuers for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII 8 that, in the written opinion of a nationally recognized firm of independent public accountants recognized in the United States delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Sorrento Therapeutics, Inc.
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon written request any money or U.S. Government Obligations held by it as provided in this Article VIII that8 which, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII 8 that, in the written opinion of a nationally recognized firm of independent public accountants recognized in the United States delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest or any applicable Exit Fee that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Euro-Denominated Designated Government Obligations held by it as provided in this Article VIII thatEight which, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Euro-Denominated Designated Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIIIEight. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Celanese Corp
Repayment to Issuer. Each of the The Trustee and each the Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. dollar-denominated Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally an internationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. dollar-denominated Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each the Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Repayment to Issuer. Each of the The Trustee and each the Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally an internationally recognized firm of independent certified public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIIIArticle. Subject to any applicable abandoned property law, the Trustee and each the Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each the Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Delhaize Group
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII 8 that, in the written opinion of a nationally recognized firm of independent public accountants an Independent Financial Advisor delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.. 107
Appears in 1 contract
Samples: Supplemental Indenture (Egalet Corp)
Repayment to Issuer. Each of the The Trustee and each the Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. dollar-denominated Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally an internationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. dollar-denominated Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each the Paying Agent shall have no further liability with respect to such monies..
Appears in 1 contract
Samples: Ferroglobe PLC
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers upon request any money or U.S. Government Obligations held by it as provided in this Article VIII that, in the written opinion of a nationally recognized firm of independent public accountants accountants, a nationally recognized investment bank or a nationally recognized appraisal or valuation firm, delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance of Notes in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders entitled to the money must look to the Issuers for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII that8 which, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Supplemental Indenture (Pernix Therapeutics Holdings, Inc.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over pay to the Issuers Issuer upon request an amount equal to any money or U.S. European 111 Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally an internationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. European Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII 8 that, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII that, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of 122 principal or interest that remains unclaimed for two years, and, thereafter, holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Supplemental Indenture (SeaWorld Entertainment, Inc.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized recog- nized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIIIArticle. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII that, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.. SECTION 8.05
Appears in 1 contract
Samples: Indenture (Hexion Inc.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or U.S. Government Obligations held by it as provided in this Article VIII that, in the written opinion of a nationally recognized firm of independent public accountants accountants, a nationally recognized investment bank or a nationally recognized appraisal or valuation firm, delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuers Issuer upon request any money or money, U.S. Dollardenominated Government Obligations held by it as provided in this Article VIII thatwhich, in the written opinion of a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Dollar-denominated Government Obligations have been so deposited), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article VIIIArticle. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuers Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, holders Holders entitled to the money must look to the Issuers Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Supplemental Indenture (Momentive Performance Materials Inc.)