Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuer upon request any money or Euro-Denominated Designated Government Obligations held by it as provided in this Article which, in the written opinion of nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if Euro-Denominated Designated Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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: Eleventh Supplemental Indenture (Celanese Corp), Eighth Supplemental Indenture (Celanese Corp), Eighth Supplemental Indenture (Celanese Sales U.S. Ltd.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuer upon request any money or Euro-Denominated Designated U.S. Government Obligations held by it as provided in this Article whichVIII 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 Euro-Denominated Designated U.S. Government Obligations have been so deposited), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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: Indenture (Forward Air Corp), Indenture (TopBuild Corp), Indenture (Trimas Corp)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuer upon request any money or Euro-Denominated Designated Government Obligations Securities held by it as provided in this Article 8 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 Euro-Denominated Designated Government Obligations Securities have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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.), Purchase Agreement (GeoEye, Inc.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuer upon request any money or Euro-Denominated Designated Government Obligations held by it as provided in this Article which, in the written opinion of nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if Euro-Denominated Designated Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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 Issuer upon request any money or Euro-Denominated Designated U.S. Government Obligations held by it as provided in this Article whichVIII 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 Euro-Denominated Designated U.S. Government Obligations have been so deposited), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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 (Coronado Global Resources Inc.), Indenture (Amn Healthcare Services Inc), Indenture (Coronado Global Resources Inc.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuer upon written request any money or Euro-Denominated Designated U.S. Government Obligations held by it as provided in this Article 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 Euro-Denominated Designated U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle 8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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 Issuer upon written request any money or Euro-Denominated Designated European Government Obligations denominated in euro held by it as provided in this Article 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 Euro-Denominated Designated European Government Obligations denominated in euro have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle Eight. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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), Indenture (Kronos Worldwide Inc)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuer upon request any money or Euromoney, U.S. Dollar-Denominated Designated denominated Government Obligations held by it as provided in this Article which, in the written opinion of nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if EuroU.S. Dollar-Denominated Designated denominated Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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 The Trustee and each the Paying Agent shall promptly turn over to the Issuer Issuers upon request any money or EuroU.S. dollar-Denominated Designated denominated Government Obligations held by it as provided in this Article VIII which, in the written opinion of nationally an internationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if EuroU.S. dollar-Denominated Designated denominated Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuer 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 Issuer 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: Indenture (Ferroglobe PLC), Indenture (Ferroglobe PLC)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuer upon request any money or Euro-Denominated Designated U.S. Government Obligations held by it as provided in this Article Eight which, in the written opinion of nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if Euro-Denominated Designated U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle Eight. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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 (Celanese Corp), Twelfth Supplemental Indenture (Celanese Corp)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuer upon request any money or Euro-Denominated Designated U.S. Government Obligations held by it as provided in this Article whichVIII 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 Euro-Denominated Designated U.S. Government Obligations have been so deposited), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 holders entitled to the money must look to the 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.), Fourth Supplemental Indenture (Sunnova Energy International Inc.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuer upon request any money or Euro-Denominated Designated U.S. Government Obligations held by it as provided in this Article which, 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 Euro-Denominated Designated U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle 8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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 The Trustee and each the Paying Agent shall promptly turn over to the Issuer upon request any money or EuroU.S. dollar-Denominated Designated denominated Government Obligations held by it as provided in this Article VIII which, in the written opinion of nationally an internationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if EuroU.S. dollar-Denominated Designated denominated Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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 (Ferroglobe PLC)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuer Issuers upon request any money or Euro-Denominated Designated U.S. Government Obligations held by it as provided in this Article whichVIII 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 Euro-Denominated Designated U.S. Government Obligations have been so deposited), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the Issuer 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 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 Issuer upon request any money or Euro-Denominated Designated U.S. Government Obligations held by it as provided in this Article VIII which, in the written opinion of nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if Euro-Denominated Designated U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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 (Mariner, LLC)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuer upon request any money or Euro-Denominated Designated U.S. Government Obligations held by it as provided in this Article whichVIII 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 Euro-Denominated Designated U.S. Government Obligations have been so deposited), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 Issuer for payment as general creditors, and the Trustee and each Paying Agent shall have no further liability with respect to such monies.. SECTION
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 Issuer upon request any money or Euro-Denominated Designated U.S. Government Obligations held by it as provided in this Article whichVIII 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 Euro-Denominated Designated U.S. Government Obligations have been so deposited), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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 (Emergent Capital, Inc.)
Repayment to Issuer. Each of the The Trustee and each the Paying Agent shall promptly turn over to the Issuer upon request any money or EuroU.S. dollar-Denominated Designated denominated Government Obligations held by it as provided in this Article VIII which, in the written opinion of nationally an internationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if EuroU.S. dollar-Denominated Designated denominated Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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 (Ferroglobe PLC)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuer upon request any money or Euro-Denominated Designated U.S. Government Obligations held by it as provided in this Article which, 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 Euro-Denominated Designated U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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 (Intelsat LTD)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over to the Issuer upon request any money or Euro-Denominated Designated money, U.S. Dollardenominated Government Obligations held by it as provided in this Article which, in the written opinion of nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if EuroU.S. Dollar-Denominated Designated denominated Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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 Issuer upon request any money or Euro-Denominated Designated U.S. Government Obligations held by it as provided in this Article which8 that, in the written opinion of nationally recognized a firm of independent public accountants recognized in the United States delivered to the Trustee (which delivery shall only be required if Euro-Denominated Designated U.S. Government Obligations have been so deposited), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle 8. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 entitled to the money must look to the 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 Issuer upon request any money or Euro-Denominated Designated U.S. Government Obligations held by it as provided in this Article which, in the written opinion of nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if Euro-Denominated Designated U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article. Subject to any applicable abandoned property law, the Trustee and each the Paying Agent shall pay to the 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 entitled to the money must look to the 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 (Seagate Technology Malaysia Holding Co Cayman Islands)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over pay to the Issuer upon request any an amount equal money or Euro-Denominated Designated European Government Obligations held by it as provided in this Article VIII which, in the written opinion of nationally an internationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if Euro-Denominated Designated European Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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: Senior Subordinated Notes Indenture (RenPac Holdings Inc.)
Repayment to Issuer. Each of the Trustee and each Paying Agent shall promptly turn over pay to the Issuer upon request an amount equal to any money or Euro-Denominated Designated European Government Obligations held by it as provided in this Article VIII which, in the written opinion of nationally an internationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if Euro-Denominated Designated European Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle VIII. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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 Issuer upon request any money or Euro-Denominated Designated Government Obligations held by it as provided in this Article Eight which, in the written opinion of nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if Euro-Denominated Designated Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle Eight. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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 Issuer upon written request any money or Euro-Denominated Designated European Government Obligations denominated in euro held by it as provided in this Article Eight 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 Euro-Denominated Designated European Government Obligations denominated in euro have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this ArticleArticle Eight. Subject to any applicable abandoned property law, the Trustee and each Paying Agent shall pay to the 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 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 (Kronos Worldwide Inc)